Other conditions decisions — 2009

The Board denied the appellant's request for waiver of recovery of an overpayment of death pension benefits in the amount of $21,746.00 due to bad faith on the part of the appellant.

The Board remands the case for further procedural and evidentiary development, including a medical opinion to evaluate whether there is an underlying muscle injury in the Veteran's lower left leg.

The case is being remanded for further adjudication consistent with the Court's March 2006 memorandum decision.

The appeal is being remanded to the RO for further development of evidence and due process.

The appeal was remanded to the Board for further proceedings consistent with a Secretary's Motion for Remand.

The Veteran was found to be rehabilitated as of September 29, 2005, and additional vocational rehabilitation training under Chapter 31 benefits were denied.

The Board granted waiver of recovery of the overpayment of Chapter 30 education benefits due to extenuating circumstances resulting from the veteran's spouse's illness and his need to care for her on a constant basis.

The Board denied service connection for loss of teeth other than numbers 7, 8, and 9 due to dental trauma and gastric ulcer disease.

The Board denied service connection for a respiratory disorder and an eye disorder, finding no evidence of chronic conditions during or related to the Veteran's service.

The Veteran's claim for a rating in excess of 30 percent for instability associated with the right knee was denied, but he was granted a separate 10 percent rating for limitation of extension.

The Board denied the veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151, finding that new and material evidence had not been submitted to reopen either claim.

The Veteran's left leg muscle injury was not related to his active duty service and was not caused or aggravated by a service-connected disability.

The Board remands the claims for service connection for bruxism, impotence and insomnia to ensure compliance with its previous remand directives.

The appeal is remanded to the RO for scheduling a Board hearing regarding the question of jurisdiction.

The Board found that the preponderance of the evidence is against the grant of service connection for residuals of injuries to both eyes.

The Board denied an evaluation in excess of 30 percent for residuals of perforating wound of right forearm and an evaluation in excess of 10 percent for residuals of right ulnar nerve injury, as the evidence did not support a higher rating.

The appeal is remanded to obtain vocational rehabilitation records and any subsequent treatment records, as well as to readjudicate the claim for a total disability rating based on individual unemployability.

The Board denied service connection for the cause of the Veteran's death, entitlement to DIC under 38 U.S.C.A. § 1318, and Survivors' and Dependents' Educational Assistance benefits under Chapter 35.

The veteran's claim for a higher initial evaluation for right-sided orchialgia is being remanded to the RO for further development and consideration.

The appeal was remanded to provide the Veteran with proper VCAA notice regarding the specific bases for the denial of his claim and to allow for additional development.