Other conditions decisions — 2004

The Board denied the appellant's claim to reopen her service connection for cause of the veteran's death, finding no new and material evidence.

The Board denied the appellant's claim for basic eligibility for Survivors' and Dependents' Educational Assistance (DEA) Program under Chapter 35, Title 38, United States Code due to her not meeting the eligibility criteria based on her date of birth.

The Board denied the veteran's claim for retroactive payment of Chapter 35 education benefits from August 21, 1995 to May 7, 2001 due to the lack of an earlier formal or informal claim and because educational assistance cannot be awarded prior to August 2001.

The Board found that the cause of the veteran's death was not related to his active service and denied the claim for service connection.

The Board has remanded the case for further development, including a VA examination to determine the nature and severity of the veteran's service-connected chondromalacia patella, right and left. The RO should readjudicate the claim with consideration of DeLuca criteria and Office of the General Counsel opinions.

The Board has remanded the case due to inadequate development and the need for a VA examination.

The Board found that the appellant had no recognized service for VA benefit purposes and denied his claim for basic eligibility for VA benefits.

The Board is remanding the case to the RO for further development and readjudication, including obtaining additional evidence from the service department and the appellant.

The Board found that the veteran's left eye disorder is not service-connected and denied her claim. The issues of increased evaluation for PTSD and TDIU are pending.

The Board has remanded the case for additional development and compliance with VCAA requirements.

The Board has reopened the veteran's claims for service connection for ankylosing spondylitis and irritable colon syndrome, but further development is needed before a decision can be made on their merits.

The Board has decided to remand the case for further development, including verification of Reserve service and obtaining additional medical records.

The Board has granted the veteran's request to waive recovery of an overpayment of pension benefits, finding that there is no indication of fraud or bad faith on his part and concluding that recovery would not be against equity and good conscience.

The Board has determined that the veteran does not have a current disability of the right or left hand that is related to an injury during service. As such, the claim for service connection for residuals of a right or left hand injury is denied.

The veteran's military service does not meet the threshold requirements for nonservice-connected disability pension benefits as he did not serve during a period of war. The claim is denied.

The Board found that the veteran's VA disability compensation is subject to recoupment of the amount of readjustment pay received at separation from service, and denied the appeal.

The veteran's claim for educational assistance under Chapter 30 is being remanded due to the absence of certain records and the need to explain terms like 'Erroneous Entry'.

The Board found that the appellant's character of discharge was dishonorable due to a felony conviction, and thus he is not eligible for VA benefits.

The veteran's NSC pension benefits were terminated effective September 1, 1998. The case is being remanded due to the failure of the appellant to appear at a scheduled video-conference hearing.

The Board denied the appellant's request for an extension of his delimiting date for educational benefits under Chapter 30, Title 38, United States Code beyond August 16, 2002.