Other conditions decisions — 2004

The Board has remanded the case for further development, including affording the veteran a VA examination and ensuring compliance with VCAA notice requirements.

The veteran is appealing the denial of a waiver for an overpayment of non-service-connected disability pension benefits in the amount of $23,304. The issue has been remanded due to the need for a written decision justifying the validity of the debt and notification of the veteran's right to appeal.

The veteran is seeking service connection for black water fever. The RO has denied this claim, and the case is being remanded to obtain additional evidence and a VA examination.

The veteran's appeal is being remanded for additional development due to the need for compliance with VCAA requirements.

The veteran's claims for increased evaluation and TDIU are being remanded due to the need for additional medical records and information from Social Security Administration.

The Board denied service connection for loss of vision in the right eye and residuals from a shrapnel wound to the right leg, finding no evidence linking these conditions to service.

The Board has reopened the veteran's claim for service connection for a sinus disorder due to new and material evidence submitted since the May 1946 RO decision.

The Board denied the veteran's petition to reopen his claim of service connection for left fourth cranial nerve palsy, claimed as double vision. The evidence submitted since the October 1998 rating decision was not new and material.

The Board denied the veteran's claims of service connection for shaking and anger, as well as joint pain, finding that these conditions are not disabilities incurred in or due to active service.

The veteran's dysthymic disorder was granted a 50 percent evaluation effective June 2, 2003. The initial rating of 10 percent for the period from July 2, 2001 to June 1, 2003 is maintained.

The Board found that the veteran knowingly assisted in presenting a false affidavit for another individual's VA benefits, leading to forfeiture of his rights under all laws administered by the VA.

The Board has ordered additional development due to incomplete records and the need for a medical opinion regarding the cause of death. The case will be reconsidered after all necessary steps are taken.

The Board has determined that the appellant's husband did not have qualifying service as a veteran, and thus her claims for benefits are denied.

The Board has remanded the case for further development due to unverified service stressors and a need for additional medical examination.

The Board denied the appellant's claim for VA benefits, finding that he did not meet the criteria of a 'veteran' as defined by VA regulations.

The Board denied an increased rating for residuals of pilonidal cystectomy with dysesthesia of the buttocks and hips, finding that the disability did not meet or approximate criteria for a higher rating under any applicable diagnostic codes.

The Board has decided to remand the case for additional development, including obtaining relevant records and possibly an examination.

The VA has remanded the case for further investigation and examination to determine if the veteran's gastrointestinal disorder, esophagitis, or throat disorder is related to service, including as secondary to tear gas exposure in service. The appeal will be reconsidered after these actions.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has granted the veteran's request for waiver of recovery of an overpayment of pension benefits in the amount of $1,503.17, finding that recovery would not be against equity and good conscience.