Other conditions decisions — 2006

The Board has remanded the case for additional development, including obtaining SSA records and providing notice under VCAA.

The Board has remanded the veteran's claim of entitlement to service connection for Bells Palsy due to a lack of a Statement of the Case.

The Board found that the veteran did not have a willful intent to seek an unfair advantage in creating the loan guaranty debt, and thus denied the finding of bad faith. The case is now remanded for further consideration under the principles of equity and good conscience.

The VA denied service connection for arthritis of the hands as there is no evidence of a current disability and no chronic disorder in service.

The veteran's appeal has been withdrawn, and the case is dismissed as there are no longer any issues over which the Board has appellate jurisdiction.

The case is being remanded for procedural considerations, including providing the appellant with a VCAA notice letter and readjudicating her claims for cause of death and entitlement to payment of DEA benefits under Chapter 35, Title 38, United States Code.

The Board finds that the evidence is in relative equipoise regarding whether VA's care caused or contributed to the veteran's current residuals of a stroke and Wallenberg syndrome. The decision is therefore granted, as it meets the criteria for compensation under 38 U.S.C.A. § 1151.

The Board has granted a 20 percent evaluation for chondromalacia patella, right knee since October 30, 2000. The left knee is rated at 10 percent disabling. Service connection for chronic strain of the lateral right foot was not established.

The Board has determined that the veteran's eye disability caused him to miss significant work time during his periods of employment in 2004, and caused his eventual termination from his two jobs. This constitutes marked interference with employment under VA regulations, and thus the case is referred for consideration of an extra-schedular rating.

The Board found that the veteran's current complaints of rectal prolapse and proctalgia fugax are not related to his service-connected hemorrhoids, which were treated during his military service. The Board denied the claim as there is no evidence linking these conditions to his service or any treatment he received while in service.

The Board has determined that an overpayment of VA educational benefits in the amount of $31,340.10 was created and is remanding the case for further action.

The veteran's appeal is being remanded for a VA examination to determine if he has any additional disability as a result of the April 1992 surgery, and whether it is at least as likely as not that VA failed to exercise the degree of care expected from a reasonable health care provider.

The veteran died in May 2001 and was buried on May 25, 2001. The appellant's application for non-service-connected burial allowance was received by VA more than two years after the veteran's burial, thus denying her claim.

The Board has remanded the case due to insufficient evidence regarding asbestos exposure in service and the nature, intensity, and duration of any pre-service or post-service asbestos exposure. The veteran's lung disability will be evaluated based on this additional development.

The Board denied the veteran's claim for improved disability pension benefits due to excessive income, which exceeded the applicable maximum annual pension rate (MAPR).

The Board denied the veteran's claim for service connection due to lack of new and material evidence, as the newly submitted evidence did not raise a reasonable possibility of substantiating his claim.

The veteran's appeal has been withdrawn by his representative before the Board could make a decision.

The Board has determined that the veteran's adopted children, M. G., J. L., and A. A., meet the criteria to be recognized as his adoptive children for VA benefits purposes.

The Board has determined that the veteran is providing reasonable support for his child through voluntary monthly payments and SSA benefits, thus denying the claim for apportionment of the veteran's nonservice-connected pension on behalf of his child.

The veteran's claim for Chapter 30 educational assistance benefits was denied because he did not meet the required service time and other eligibility criteria.