Other conditions decisions — 2006

The veteran's death pension claim was denied because the appellant's income exceeded the statutory limits for entitlement to death pension benefits, even after reducing her income by unreimbursed expenses.

The Board denied the appellant's claim for an extension of her delimiting date beyond April 2, 2003, for DEA benefits under Chapter 35, Title 38, United States Code, as she did not provide evidence showing that she was prevented from initiating or completing a chosen program of education within the applicable period of eligibility due to a physical or mental disability.

The Board denied the veteran's request to reopen his claim for revocation of the forfeiture of VA benefits, finding that no new and material evidence had been submitted.

The veteran's death was not caused by a service-connected disability, and the appellant did not file for accrued benefits within one year of his death. Therefore, service connection for cause of death is denied, and entitlement to accrued benefits is also denied.

The VA determined that the appellant did not have the required military service to qualify for VA nonservice-connected pension benefits.

The veteran's appeals for increased ratings for his right thumb and right fifth finger fractures have been withdrawn. The issue of service connection for a right knee disorder remains pending.

The veteran's claim for service connection for a lung condition is being remanded due to the need to obtain Social Security Administration records and provide proper VCAA notice.

The Board denied the veteran's claim, finding that the full amount of the $100,000 settlement from the FTCA should be offset against his VA compensation benefits awarded under 38 U.S.C.A. § 1151.

The Board has determined that there are procedural deficiencies in the current case and has ordered additional development, including sending proper VCAA notice to the appellant and her representative. The appeal is being remanded for further action.

The Board dismissed the appeal because a timely notice of disagreement was not filed within one year of the November 2001 rating decision denying service connection for malaria.

The Board denied service connection for the cause of the veteran's death due to lack of evidence linking his causes of death to his period of service. The claim was not reopened as new and material evidence was not presented.

The veteran's service is not considered active duty during a period of war, thus he does not meet the basic eligibility requirements for nonservice-connected disability pension benefits.

The Board has determined that additional development is needed before the claims can be decided, including obtaining medical records and scheduling examinations.

The Board has determined that the veteran did not suffer a right hip gunshot wound during recognized military service and therefore, residuals of a right hip gunshot wound were not incurred in or aggravated by service.

The VA denied the veteran's claim for service connection for squamous cell carcinoma of the left oropharynx as a result of exposure to herbicides, finding no evidence linking his condition to service or Agent Orange exposure.

The Board denied the veteran's claim for service connection for a skin condition due to Agent Orange exposure, finding no competent medical evidence linking his current skin problems to active service or to herbicide exposure.

The veteran's application for enrollment in the VA healthcare system was denied due to his placement in priority category 8 and because he filed after January 17, 2003.

The Board has determined that the evidence supports the grant of service connection for fibroid tumors of the uterus, finding that the veteran's current diagnosis is related to her in-service diagnosis.

The Board denied the veteran's claim to reopen his previously denied service connection for a low back disorder due to lack of new and material evidence.

The Board has determined that the veteran's death was not caused by a service-connected disability and he did not have a permanent, total disability at the time of his death. The claim for Chapter 35 benefits lacks legal merit.