Other conditions decisions — 2007

The Board has determined that the veteran's status post left nephrectomy is incurred in service and granted service connection.

The appellant's income exceeded the maximum annual limit for improved death pension benefits, thus she is not eligible for these benefits.

The veteran's claim for service connection for the post-operative residuals of a left varicocele is being remanded due to inadequate notice provided prior to the initial unfavorable decision.

The Board has determined that the veteran's non-Hodgkin's lymphoma is in remission and does not meet the criteria for a compensable disability rating.

The Board has determined that the veteran's post-operative residuals of a right inguinal hernioplasty warrant a 10 percent disability rating, effective from the date of claim. The TDIU issue is also granted.

The veteran's death was not caused by any service-connected disability.,He did not meet the basic eligibility requirements for nonservice-connected death pension benefits based on his military service.,No accrued benefits are due to the appellant as her claim was filed more than one year after the veteran's death.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for additional VA treatment records and a VA examination, as well as proper VCAA notice.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA service-connected compensation benefits, finding that there was no indication of fraud, misrepresentation or bad faith on the part of the veteran. However, the Board concluded that recovery would not be against equity and good conscience due to minimal fault from both the veteran and VA.

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

The veteran's claim for non-service-connected pension benefits is denied as he has no wartime service.

The Board has remanded the case for additional development, including obtaining medical records and an opinion from a specialist on whether it is at least as likely as not that the veteran's terminal brain tumor first manifested during his military service.

The veteran is seeking service connection for a cardiac arrhythmia that he believes developed secondary to his service-connected cervical stenosis. The Board finds further development, including a VA examination and obtaining additional medical records, is necessary before deciding the claim.

The veteran is seeking an earlier effective date for the grant of service connection for Legg-Calve-Perthes disease, left hip, status-post total hip replacement. The case has been remanded due to claims of clear and unmistakable error in previous decisions denying service connection.

The Board found that recovery of the overpayment would not be against equity and good conscience, thus denying the appellant's claim for waiver of the recovery of an overpayment of pension benefits.

The Board has determined that the appellant's spouse had a character of discharge due to AWOL and willful misconduct, which may have affected eligibility for VA benefits. The appeal is remanded to determine if new and material evidence has been submitted to reopen this determination.

The Board found no evidence linking the veteran's pseudobulbar palsy or neurological condition to service, and denied his claim for service connection.

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

The veteran's income exceeded the maximum applicable income limitation for improved disability pension benefits, resulting in a denial of his claim.

The Board denied the veteran's DIC claim, finding that there was no evidence of VA negligence or unforeseen event contributing to his death.

The Board has determined that there is no current diagnosis of a bilateral hip disorder and thus the veteran's claim for service connection for a bilateral hip disorder as secondary to his service-connected knee disorder is denied.