Other conditions decisions — 2004

The veteran's appeal is being remanded for additional development, including a VA medical evaluation and consideration of the VCAA requirements.

The veteran did not serve in Vietnam, which is a requirement for benefits under 38 U.S.C.A. § 1805 for spina bifida. The claim is denied as the law does not allow for such benefits.

The Board found that the veteran likely incurred a chronic lung disorder during service, and granted service connection for this condition.

The veteran's claim for nonservice-connected disability pension was denied as he did not meet the basic eligibility requirements due to his service not being during a recognized period of war.

The Board denied the veteran's claim for service connection for arthritis, finding no competent evidence of current disability related to service.

The Board denied the appellant's claim for service-connected disability benefits because he failed to provide evidence of qualifying military service, and thus did not meet basic eligibility requirements for VA benefits.

The Board denied the appellant's claim for benefits under the laws administered by VA, finding that her spouse had no qualifying service in the Armed Forces of the United States and therefore was not a veteran for VA benefit purposes.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection of herpes encephalitis, which was previously denied in June 1988. The decision is based on evidence provided by the veteran suggesting he may have contracted herpes encephalitis while serving overseas.

The Board found that new and material evidence was received to reopen the claim for service connection for bilateral macular degeneration. However, the Board also denied the claim on the merits. The appeal is remanded due to issues with notification under the VCAA.

The Board found that the overpayment was due to VA administrative error and granted the veteran's appeal, finding no valid creation of the debt.

The Board has determined that the veteran's malaria, which may have been aggravated by his pneumonia, contributed to his death. The claim for service connection is granted.

The Board found that the cause of the veteran's death was not service-connected.,The appellant did not meet the criteria for burial reimbursement benefits.

The veteran's case is being remanded for further development, including VA examinations and consideration of additional rating criteria. The appeal involves a claim for an increased evaluation for spondylolysis at the L5-S1 level.

The Board found no evidence of a gastrointestinal disorder related to service or medication for the veteran's service-connected low back disability, and thus denied the claim.

The veteran's unauthorized medical treatment at Erie County Medical Center from December 31, 2001 to January 5, 2002 was not authorized by VA due to lack of prior authorization and the fact that VA facilities were available for his care.

The Board has granted a partial waiver of recovery for an overpayment of $270 due to the appellant's status as a dependent spouse, considering fault on both sides and equitable reasons.

The Board has determined that the appellant does not meet the basic eligibility requirements for VA benefits due to a lack of recognized service in the United States Armed Forces.

The Board denied service connection for the veteran's abdominal hysterectomy with bilateral salpingo-oophorectomy, finding that it was not proximately due to or aggravated by her service-connected Cesarean section scar.

The Board has reopened the veteran's claim for service connection for a nervous condition but denied the reopening of his claim for service connection for a foot disorder. The decision is mixed as it affects both issues.

The veteran's claim for an increased rating for his service-connected left forearm disability was denied by the RO, with a final denial in January 2001. The VA examinations conducted did not find any new or material evidence to reopen the case.