Other conditions decisions — 2004

The veteran's appeal is being remanded due to the need for additional development, including review of new rating criteria and provision of VCAA notice.

The Board has determined that the veteran's current low back disability is not related to service and denied his claim for service connection.

The veteran's claim for service connection for endometriosis and related surgeries is being remanded due to the need for additional development, including a VA examination and obtaining medical records.

The veteran seeks service connection for a gastrointestinal disorder, including colon removal. The Board has ordered remand due to insufficient medical evidence and the need for further examination.

The Board denied the appellant's claim for an apportionment of the veteran's VA benefits on behalf of their minor children, finding that her income exceeded her expenses and she did not demonstrate financial hardship.

The veteran's pension benefits were adjusted due to a discrepancy in his reported income. The Board is remanding the case for the veteran to provide documentation of his income from 1998.

The Board found that the veteran's service medical records did not show any findings of a right leg injury and there was no other record showing such. The claim for service connection for residuals of a right leg injury was denied as the condition is not shown to be related to active service.

The veteran's claim for an initial compensable rating for residuals of a post shell fragment wound and debridement of the right upper back was granted, but he did not receive a noncompensable evaluation. The denial of service connection for spondylosis and the grant of service connection for bilateral hearing loss were also addressed.

The Board found that the appellant does not have sufficient service to be considered a veteran for VA benefits purposes.

The Board determined that the veteran did not meet the basic eligibility requirements for VA educational assistance benefits under Chapter 30, Title 38, United States Code due to his discharge being for convenience of the government and less than a full three-year obligation.

The Board of Veterans' Appeals denied the veteran's claim for compensation benefits under 38 U.S.C. § 1151 due to bilateral shoulder disabilities resulting from VA treatment in 1999.

The Board has no jurisdiction to adjudicate the merits of the motion for revision of a decision based on clear and unmistakable error due to the Court's vacating and remanding the May 28, 2002, decision. As such, the motion is dismissed.

The veteran's appeal is denied as she does not meet the criteria for additional educational benefits under Chapter 30, Title 38, United States Code due to her service being less than three years and her separation from service not being through no fault of her own.

The Board has remanded the case due to procedural errors and needs further development before making a determination on whether the veteran's death is service connected.

The veteran's active service did not qualify him for nonservice-connected disability pension benefits due to non-qualifying service, and the Board denied his claim.

The appellant is not eligible to receive VA death pension benefits as the surviving spouse of the veteran due to a lack of one year marriage or child birth before or during their marriage.

The Board has granted the veteran's request for waiver of recovery of an overpayment of educational assistance benefits under Chapter 1606, finding that the debt was created due to the veteran's recall to active duty and not due to his fault. The decision concludes that requiring repayment would be against equity and good conscience.

The Board has determined that the veteran's degenerative disk disease of the lower back is proximately due to his service-connected left foot amputation, granting service connection for this condition.

The veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred at Salem Hospital on December 14, 2001 was denied. The case is being remanded to the VAMC for further development and readjudication.

The veteran's claim for an increased evaluation in excess of 10 percent for residuals of a gunshot wound to Muscle Group XXI with an old fracture of the 4th rib and pleural injury is being remanded due to insufficient evidence regarding his respiratory disability.