Other conditions decisions — 2008

The Board found that the overpayment of compensation benefits for a dependent spouse was properly created, and thus denied the veteran's appeal.

The Board denied the veteran's request for a waiver of recovery of an overpayment of benefits received for his dependent child, finding that recovery would not be against equity and good conscience.

The Board has determined that the veteran's current skin condition, which he testified was first present in service and continued after service, is related to his military service. The claim for service connection is granted.

The veteran's claim for service connection for the residuals of dental trauma is being remanded due to incomplete records from his treatment at Fargo Family Dentistry. The VA needs to obtain authorization and request these records.

The Board has granted a 10 percent rating for the veteran's otitis media with myringosclerosis and left partial mastoidectomy residuals, which is the maximum schedular rating available under Code 6200.

The Board has denied the veteran's claim for an earlier effective date for nonservice-connected pension. The case is being remanded to provide VCAA compliant notice and further development.

The veteran's service-connected healed fracture of the right fourth metacarpal is manifested by intermittent pain, weakness, and difficulty in approximation to the thumb. The Board finds that a compensable disability rating for this condition is not warranted.

The veteran's appeal for an extension of educational benefits under Chapter 30 was denied as there are no applicable provisions in the law that would extend the number of months of educational assistance.

The Board has remanded the case for further action, including scheduling a video conference hearing at the RO.

The Board has granted a 10 percent evaluation for the service-connected pilonidal cyst, effective from December 2, 2005.

The Board dismissed the motion alleging clear and unmistakable error (CUE) in their December 18, 2006 decision that denied the moving party's claim for benefits as she had not submitted new and material evidence to reopen her claim of whether she is recognized as the surviving spouse of the veteran for VA benefits purposes.

The veteran's throat cancer is presumed to be related to his service in Vietnam, but the Board needs additional information from the Armed Forces Institute of Pathology (AFIP) regarding the primary site of the cancer before it metastasized.

The veteran's application for enrollment in the VA healthcare system was denied as he does not meet the basic eligibility requirements due to his status as a non-service-connected veteran and the financial information provided.

The veteran's appeal for a higher rating for his right tibial tubercle fracture was dismissed due to the death of the appellant.

The Board found that the residuals of shell fragment wound to the right leg do not warrant an initial rating higher than 10 percent.

The veteran is entitled to an effective date of March 5, 1997, for the grant of TDIU due to his service-connected schizo-affective disorder.

The Board found that the appellant's application for DIC benefits was not received within one year of her husband's death, and thus denied an earlier effective date of August 1, 1996.

The Board denied the veteran's request for a waiver to recover an overpayment of disability benefits, finding that recovery would not be against equity and good conscience.

The Board has remanded the case due to a need for further examination and consideration of new evidence, including VA Adjudication Manual and Manual Rewrite provisions regarding asbestos exposure.

The Board has determined that the veteran's hypertensive cardiovascular disease with residuals of a myocardial infarction was not incurred in or aggravated by active service, and service connection may not be presumed to have been incurred in service based on the one-year presumption for a chronic disease.