Other conditions decisions — 2004

The Board has granted extension of temporary total disability benefits for the veteran's left foot bunion deformity surgery, effective from May 2, 2001 through September 30, 2001.

The appellant's claim for basic eligibility for VA nonservice-connected disability pension was denied due to the absence of legal merit, as his service does not legally qualify him for such benefits.

The Board found that recovery of the overpayment would be against equity and good conscience, thus granting a waiver for the veteran's debt.

The Board denied the veteran's claims for service connection for prostate nodule with elevated PSA, residuals of a concussion with blackouts, and bilateral cutaneous nerve neuropraxia. The veteran's schizophrenia was rated at 70%.

The Board has determined that the criteria for an initial evaluation in excess of 10 percent are not met for chronic constipation.

The Board denied the claim for service connection for the cause of the veteran's death, finding that his service-connected schizophrenia did not contribute substantially to his death and there was no evidence linking any other condition to his death.

The Board denied the appellant's request for an earlier effective date for service connection for the cause of her husband's death, finding that no communication prior to May 2, 2001 could be interpreted as a claim for this benefit.

The Board has granted service connection for the cause of the veteran's death effective October 27, 1993. The appeal is remanded to determine an appropriate effective date prior to this date.

The veteran's current hydrocele or residual of any hydrocele is being evaluated for possible service connection, with a recommendation for an examination to determine the nature and etiology of the condition.

The Board has determined that additional development is required to properly adjudicate the overpayment of VA Chapter 30 educational assistance benefits. This includes verifying whether the veteran received a grade for a specific course, assessing if his repetition of courses qualifies as 'refresher courses,' and determining if he qualified for 'full time' enrollment.

The Board denied the veteran's cause of death claim, found no legal entitlement to non-service connected death pension benefits, and dismissed the accrued benefits claim due to lack of timely filing.

The Board has determined that the appellant did not have recognized active service with the United States Armed Forces, and therefore does not meet the requirements for basic legal entitlement to VA benefits.

The Board denied the appellant's claim for basic eligibility for VA benefits because no new and material evidence was received to reopen her previously denied claim. The RO had implicitly reopened the claim on the merits but the Board found that reopening was not proper.

The Board found that the appellant's deceased spouse had no recognized active duty service in the Armed Forces of the United States, and thus denied basic legal entitlement to VA benefits.

The Board found that the appellant's deceased spouse did not have qualifying service in the United States Armed Forces and therefore does not qualify as a veteran for VA benefits.

The veteran is seeking an earlier effective date for the grant of service connection for postoperative residuals including left hemianopsia from excision pituitary chromophobe adenoma. The Board has determined that additional notification and development are required under the Veterans Claims Assistance Act of 2000.

The veteran's appeal is remanded for further development, including obtaining medical records and scheduling a VA examination to assess the current level of disability due to Hodgkin's disease. The evaluation remains open until a decision is made.

The veteran is seeking an increased rating for his service-connected fractured right thumb. The case has been remanded due to the need to consider regulatory changes and obtain updated VA examination findings.

The veteran's appeal is being remanded for additional development, including review of the claims file and VA examinations to determine the nature and etiology of his claimed conditions.

The Board has denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to a lack of additional disability resulting from VA dental treatment in October 1993.