Other conditions decisions — 2006

The Board denied the appellant's request to reopen her claim for VA death pension benefits, finding that new and material evidence was not presented.

The Board found that the veteran's pre-existing Schmorl's nodes and Scheuermann's disease/juvenile kyphosis of the thoracic spine did not worsen during service, and thus denied his claims for service connection.

The veteran's skin condition, which affects more than 40 percent of the entire body and requires constant systemic therapy, has been granted a 60 percent evaluation.

The veteran's appeal for an initial evaluation in excess of 10 percent for residuals of injury to the left index finger has been dismissed as he did not file a substantive appeal within the required time frame.

The Board found that the loss of tooth #2 is not proximately due to or the result of the service-connected loss of tooth #3.

The Board has remanded the case for de novo adjudication due to deficient implementation of the VCAA. The veteran's claim is related to compensation under 38 U.S.C. § 1151.

The Board has granted a 30 percent disability rating for post-operative residuals of right ACL repair, other than arthritis, effective October 14, 2004.

The veteran's claim for service connection for sclerosing cholangitis, either on a direct basis or as secondary to herbicide exposure, is being remanded for further development.

The Board denied the veteran's request for a waiver of recovery of an overpayment of VA compensation benefits in the amount of $2,802.00 due to fault on his part and lack of undue hardship.

The veteran's service-connected genital herpes and chronic prostatitis have been granted compensable ratings as of September 30, 2002. The issue of a rating for multiple noncompensable disabilities is moot due to the grants.

The veteran's service-connected residuals, fracture, left condyle are productive of complaints of bilateral jaw pain and 'frequent popping out of place,' and an inter-incisal opening of 34 millimeters. The Board finds that an initial rating in excess of 10 percent under DC 9905 is not warranted.

The Board has determined that the veteran was primarily at fault in creating the overpayment of heightened aid and attendance benefits, and recovery is not against equity and good conscience.

The Board denied the veteran's request to reopen his claim for service connection due to lack of new and material evidence, resulting in a final denial.

The Board denied the appellant's claims for service connection for claustrophobia and a heart murmur, finding that there was no evidence of these conditions during active duty training (ACDUTRA) or at present.

The Board denied the veteran's claims for service connection for joint pains and gastrointestinal disorders, both claimed as due to radiation exposure. The evidence did not support a finding that these conditions were related to his military service.

The Board has remanded the case due to an issue regarding the appellant's income for receiving VA nonservice-connected death pension benefits.

The veteran is seeking service connection for various conditions related to congenital pectus excavatum. The Board has determined that further development, including a VA examination, is needed to determine if the veteran's current conditions are due to his active duty service.

The veteran is seeking service connection for colon cancer and related surgeries, which he claims are due to asbestos exposure during his Navy service. The Board has determined that the required development of evidence regarding exposure before, during, or after service has not been accomplished.

The Board has determined that the appellant is eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code. The eligibility period ends on August 13, 2009, which was provided to the appellant in June 1999 when her Certificate of Eligibility for DEA was issued.

The Board has determined that the appellant does not have recognized service and therefore is not eligible for VA benefits.