Other conditions decisions — 2004

The Board denied the appellant's request to reopen her previously-declared forfeiture of VA benefits due to a final decision finding that she had committed fraud in attempting to secure benefits as an unremarried widow. The new evidence submitted did not meet the criteria for being considered 'new and material' under VA regulations.

The Board denied the appellant's claim for payment of VA educational benefits based on her participation in a non-approved Executive Juris Doctor program at Concord University School of Law, finding that she did not meet the requirements due to the withdrawal of approval and the late submission of her application.

The Board has determined that additional action is needed to obtain the veteran's service medical records and VA treatment records. The claim for service connection for lip injury will be remanded for further development.

The Board has remanded the case due to the need for additional development, including obtaining medical records and providing the veteran with another opportunity to submit information and evidence in support of his claim.

The Board denied the appellant's claim for VA death pension, compensation, or dependency and indemnity compensation as the veteran's surviving spouse due to lack of a valid marriage before his death.

The veteran's claim for payment or reimbursement by VA for unauthorized medical services received at a private facility was denied as the criteria for payment under 38 U.S.C.A. § 1728 were not met due to lack of service-connected disabilities.

The veteran's initial rating for a stress fracture of the left tibia was granted at 10 percent, and he is seeking an increased rating.

The Board denied the appellant's claims for service connection for post-traumatic stress disorder and to reopen his claim of schizoaffective disorder, finding no new and material evidence and concluding that PTSD was not incurred in or aggravated by active military service.

The Board denied the veteran's appeal, finding that his delimiting date for receiving educational assistance benefits under Chapter 30 was May 1, 2003. The decision explained that this adjustment was necessary due to a period of in-service time not counted towards the ten-year eligibility period.

The Board has determined that the veteran's current right eye disorder, including vitreous cells, a localized serous retinal detachment, a Coat's reaction, an epiretinal membrane, and visual field constriction, is related to his in-service right eye injury. The issue of service connection for refractive error is addressed separately.

The veteran's appeal is remanded due to the need for additional development, including a VA examination and compliance with VCAA requirements.

The Board dismissed the veteran's claim of entitlement to service connection for a lung disorder due to asbestos exposure because the veteran died during the pendency of the appeal.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied his claim for service connection for the cause of his death.

The Board denied an increased (compensable) evaluation for a right elbow shell fragment wound scar, finding no evidence of retained foreign bodies or shell fragments and noting the veteran's initial injury occurred during World War II service. The scar is currently shown to be superficial, freely movable, nontender, and without disability.

The Board of Veterans' Appeals has remanded the case for further development due to an error in notifying the veteran of his right to receive benefits from the service department of the VA under a specific regulation. The RO should consider whether the veteran's election to receive compensation should be applied retroactively and determine the proper date for commencement of payments and any past due benefits.

The Board has determined that recovery of the overpayment of Chapter 30 education benefits in the amount of $3,580.20 is granted due to equipoise evidence indicating it would be against equity and good conscience.

The Board denied the veteran's claim for service connection for a right elbow injury, finding that there was no evidence of such an injury during or after service and concluding that any current condition is not related to military service.

The Board has determined that the veteran's service-connected urticaria does not warrant a higher evaluation, and thus denied his claim for an initial evaluation in excess of 30 percent.

The Board denied service connection for left foot numbness and chronic shin splints. The claim of service connection for chronic left leg shin splints is granted, while the claim of service connection for left foot numbness remains denied.

The Board has granted service connection for a lung condition, as secondary to exposure to herbicides (Agent Orange). The veteran's claim is based on his contention that he developed a lung condition due to Agent Orange exposure during his military service.