Other conditions decisions — 2004

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

The Board denied the veteran's claim for basic eligibility for VA benefits due to a lack of verified service in the United States Armed Forces or as a member of the Philippine Commonwealth Army, including recognized guerrillas. The appellant had no service department certification of his claimed service.

The veteran's application for enrollment in the VA health care system was denied due to his not meeting the qualifications based on financial information and date of filing.

The Board found that the cause of death was not service-connected and denied DIC under 38 U.S.C.A. § 1318 due to lack of continuous total disability rating for 10 years prior to death.

The Board determined that the veteran's bilateral pes cavus was incurred in service and granted service connection for this condition.

The Board has determined that the appellant's character of discharge was a bar to VA benefits, and no new and material evidence has been submitted since the June 1979 decision to reopen his claim.

The veteran's scar residuals of a shell fragment wound to the posterior aspect of the right upper arm are currently rated at 10 percent, and this rating is maintained.

The Board denied service connection for a deviated septum and TMJ as these conditions are not linked to the veteran's active duty service.

The Board has determined that the veteran's service connection claim for residuals of a wound to the right leg is granted, based on direct evidence from his military service.

The veteran seeks service connection for the residuals of a motorcycle accident, including left hemiparesis and intermittent syncopal episodes, claimed as secondary to his service-connected malaria. The case is being remanded due to incomplete records from Maury Regional Hospital and further examination is needed.

The veteran's appeal is remanded due to issues related to the validity of an overpayment of VA pension benefits and potential administrative error. The case will be readjudicated, including addressing whether there was sole administrative error in creating the overpayment.

The veteran's minor child (M.H.) is seeking an apportionment of the veteran's compensation benefits. The case has been remanded due to procedural issues and the need for additional evidence.

The veteran's appeal is remanded for further development, including obtaining recent medical records and scheduling a VA examination to determine the nature and severity of his gout.

The VA Regional Office (RO) denied the appellant's request for an increased evaluation of her right hip disability, which was previously rated at 30 percent disabling and later increased to 50 percent effective from May 1, 2001. The RO is now remanding the case for further development.

The Board has remanded the case for additional development due to a lack of proper notification and treatment records, as well as VCAA compliance issues.

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

The Board denied the appellant's claim for educational assistance benefits under Chapter 35, Title 38, United States Code due to lack of eligibility based on age requirements.

The Board has determined that the veteran's left shoulder disability, resulting in limitation of motion to the shoulder level, warrants a rating of 20 percent.

The Board found that the appellant's deceased husband did not have qualifying service as a veteran, and thus denied her claim for VA death benefits.

The Board has remanded the case for additional development, including obtaining medical records and a supplemental opinion from an oncologist.