Other conditions decisions — 2004

The veteran's appeal for an initial compensable evaluation for lymphomatoid papulosis has been dismissed due to the death of the veteran during the pendency of the appeal.

The Board has granted an increased evaluation of 30 percent for dysthymia, effective February 7, 1997. The veteran's claim was reopened on new evidence and the earlier effective date request is denied.

The Board found that the home loan guaranty indebtedness in the amount of $4,265 plus interest was validly established and enforceable by VA against the veteran.

The Board has decided to remand the case due to potential eligibility for educational benefits under a different regulation, as the appellant's separation from active duty may have qualified him for such benefits.

The Board denied the appellant's request for waiver of her debt of $1,478.32 due to fault on her part in creating the overpayment and found that recovery would not be against the principles of equity and good conscience.

The Board found that the overpayment of $681.16 in Chapter 35 Dependents' Educational Assistance benefits was validly created, and denied the appeal.

The Board denied the appellant's claim for an earlier effective date prior to November 1, 2001, for a grant of Dependents Educational Assistance Program (DEA) benefits.

The veteran's claims for temporary total disability ratings based on hospitalizations from December 26, 1993, to April 21, 1994, and October 20, 1995, to December 23, 1995, were denied as there was no in-patient treatment regimen of 21 days or more for his service-connected bilateral pes cavus during either hospitalization.

The Board denied the veteran's claim for service connection for Barrett's esophagitis, finding no evidence linking his current condition to his military service.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a videoconference hearing before the Board.

The Board found that the appellant's VA Form 9 was timely filed, and thus granted his appeal regarding service connection for nerve damage. The claim was reopened based on new evidence.

The Board has remanded the case due to incomplete records and the need for further examination.

The Board denied the veteran's claim of entitlement to service connection for bilateral foot fungus, finding no evidence of a current disability related to his in-service condition.

The VA denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking his pulmonary pneumonia and anemia to his military service.

The veteran's appeal is being remanded to obtain Social Security Administration (SSA) records and for a VA psychiatric examination. The case will be reconsidered based on the additional evidence.

The Board has remanded the case due to failure to provide VCAA notice, and the appellant must submit additional evidence or information.

The Board has determined that the veteran's claims for increased evaluations of his shell fragment wounds, posterior left thigh and anterior right thigh, muscle groups XIII and XIV, respectively, do not meet the criteria for a higher evaluation under applicable rating criteria.

The Board denied the appellant's claim for accrued benefits in excess of $1860.00 paid to her spouse for reimbursement of medical expenses incurred during the 12-month annualization period prior to the veteran's death.

The Board found that the veteran's breast cancer was not incurred or aggravated during service and is not shown to be causally related to her active military service. As a result, the claim for service connection for breast cancer due to Agent Orange exposure was denied.

The Board found that the December 1953 rating decision denying service connection for residuals of a fracture of the third metatarsal of the right foot was not clearly and unmistakably erroneous. The case is now remanded to the RO for further action, including consideration of new evidence submitted by the veteran.