Other conditions Board decisions

The Board denied the veteran's claim for waiver of recovery of an overpayment of nonservice-connected pension benefits, finding that recovery would not be against equity and good conscience due to fault on the part of the veteran and undue financial hardship.

The Board denied an initial rating in excess of 10 percent for the veteran's service-connected right knee condition, finding that his disability manifested by episodes of pain and tenderness was not severe enough to warrant a higher rating.

The veteran's service with the 'new' Philippine Scouts from May 1946 to March 1949 is not considered qualifying service for VA pension benefits, thus denying the appellant basic eligibility for VA death pension benefits.

The Board denied the appellant's request for an extension of his delimiting date for Chapter 35 educational assistance benefits, finding that there was no evidence showing conditions beyond his control prevented him from using his benefits.

The Board denied the appellant's claim for benefits under 38 U.S.C.A. § 1805 for spina bifida as the child of a Vietnam veteran due to lack of service in the Republic of Vietnam.

The veteran's claim for educational assistance under Chapter 30 was denied as she did not meet the basic service eligibility requirements.

The Board determined that the veteran's delimiting date for receiving educational assistance benefits under Chapter 30, Title 38, United States Code is December 4, 2001.

The veteran's appeal is being remanded for a personal hearing at the RO. The case will be returned to the Board after the hearing.

The veteran's application for treatment in the VA health care system without a copayment requirement was denied because his household income exceeded the 2001 income limit for eligibility.

The Board found that the veteran's current eye disability did not have its onset in active service and is not the result of a disease or injury incurred in active service.

The veteran's application for enrollment in the VA medical care benefits package was denied as he is not service-connected for any disability and does not have eligibility attributes that qualify him for a priority group more favorable than Group 8.

The Board dismissed the appeal because the veteran did not file a timely substantive appeal regarding his waiver of debt.

The veteran's private medical services were not authorized by VA, and he had not received medical services under authority of 38 U.S.C. Chapter 17 within the 24-month period preceding the private medical services rendered in December 2002. Therefore, payment or reimbursement is denied.

The veteran's left elbow disability, characterized by traumatic arthritis with retained metallic fragments and occasional locking, is currently rated at 10 percent disabling as of July 10, 2000. The condition does not meet criteria for a higher rating based on muscle or nerve impairment.

The Board has remanded the case for further development regarding service connection for the cause of the veteran's death, specifically addressing whether exposure to radiation during World War II contributed to his lung cancer.

The Board has denied the veteran's claim for service connection for residuals of an injury to the right middle finger, finding no competent evidence of a current disability and no nexus between any such disability and service.

The Board has found that the veteran's bilateral hip disorder, neck disorder, and calluses of the left foot are not due to or the result of his service-connected right ankle fracture.

The Board has determined that the veteran does not have spinal stenosis that is proximately due to or the result of his service-connected left hip disability.

The veteran's claim for service connection for a left hip disorder, including arthritis or degenerative joint disease, is being remanded due to the need for additional medical examination and opinion.

The Board denied the claim of entitlement to service connection for the cause of the veteran's death, finding that squamous cell carcinoma of the tongue was not incurred in or aggravated by active service and could not be presumed to have been incurred due to herbicide exposure. The Board also found no evidence linking the fatal cancer to pre-existing conditions.