Other conditions decisions — 2006

The veteran's overpayment of VA pension benefits was not due to bad faith, and the Board granted waiver of recovery.

The Board has denied the veteran's claim for an increased rating for his right knee disability, finding that the current 10% evaluation adequately reflects the severity of his condition.

The Board found that the veteran's application for waiver of overpayment was timely filed, and thus granted his appeal.

The veteran's income from asbestos settlements is considered countable income for the purpose of calculating his rate of nonservice-connected disability pension benefits, and thus the appeal is denied.

The Board has determined that the appellant's son, C.H., was permanently incapable of self-support due to mental defect at the age of 18 and qualifies as a helpless child for VA purposes.

The veteran's entitlement to service-connected immunoblastic lymphoma was established, but the appellant is not eligible for payment of the returned VA check due to her lack of status as a proper claimant.

The Board denied the veteran's claims for increased ratings for his duodenal ulcer and bilateral hearing loss, finding that the evidence did not support a higher rating.

The Board denied the veteran's claim of service connection for a primary affective disorder, depressed type, with somatic GI symptoms and complaints of weight loss as new and material evidence had not been presented to reopen the claim.

The VA has denied the veteran's claims for an increased evaluation and TDIU due to his service-connected gunshot wound injury to the right thigh. The evidence does not support a higher rating or TDIU.

The veteran's service was less than 90 days and she does not meet the threshold requirements for nonservice-connected disability pension benefits.

The veteran's eligibility for dental treatment from a non-VA provider is denied due to the availability of VA facilities in his area and his own scheduling preferences.

The Board denied service connection for fibroid uterus and GERD, finding that the evidence did not support a direct link to service.

The case is being remanded to the agency of original jurisdiction for further proceedings, including consideration of additional evidence submitted by the appellant.

The veteran's cause of death was due to arteriosclerotic cardiovascular disease, which is service-connected. The appellant is eligible for dependents' educational assistance under 38 U.S.C. Chapter 35.

The Board denied a higher disability rating for the veteran's residuals of a shell fragment wound of the right thigh with retained foreign body, finding that his condition does not meet criteria for a higher rating.

The veteran's appeal has been dismissed due to his death.

The Board found that there is no competent medical evidence to establish the current existence of head injury residuals, and thus denied service connection for residuals of a head injury.

The VA denied the veteran's claim for an increased rating for his gastritis, currently rated at 10 percent.

The Board has granted a 40 percent rating for the veteran's service-connected dorsal myositis effective October 26, 2005. The previous rating of 10 percent prior to that date remains unchanged.

The Board denied service connection for incontinence and an increased rating for chronic cervicitis, finding no evidence of a current disability related to the veteran's period of active service.