Other conditions Board decisions

The Board denied the appellant's request for waiver of recovery of an overpayment of death pension benefits, finding that her actions constituted bad faith in not reporting her retirement income.

The Board denied the veteran's claims of service connection for residuals of eye trauma, defective vision, and disability manifested by memory loss. The Board found that there was no evidence to support these claims.

The Board denied the veteran's claim for an earlier effective date for his nonservice-connected pension benefits, finding that the August 1994 rating decision was final and that the earliest date for which entitlement to a nonservice-connected pension could be granted is September 30, 1996.

The Board has determined that the veteran knowingly submitted false statements in his claim for increased ratings, leading to a forfeiture of all VA benefits under 38 U.S.C.A. § 6103(a).

The VA denied the veteran's claims for an increased evaluation and a total rating based on individual unemployability due to service-connected disabilities. The VA found that the veteran's herniated nucleus pulposus did not meet the criteria for a disability evaluation in excess of 40 percent.

The Board denied service connection for the cause of the veteran's death and eligibility for Dependents' Educational Assistance benefits. The Board found that there was no evidence linking the veteran's death to a service-connected disability.

The Board denied the appellant's claims for accrued benefits and basic eligibility for non-service connected pension benefits as she did not file her claims within one year of the veteran's death, and the veteran had no pending claims at his time of death.

The veteran seeks service connection for myeloproliferative disorder, which he contends is related to radiation exposure during active duty. The case is being remanded due to the need for more specific information about his current medical condition and because notice under the VCAA was not provided as required.

The Board has remanded the case due to incomplete development and a need for further medical examination.

The Board found that the veteran does not have current disability associated with head and facial injury sustained in service, including injuries to the back and mouth. Therefore, service connection for residuals of head trauma was denied.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and accrued benefits, finding that there was no evidence to support a causal relationship between any service-connected disability and the veteran's death.

The veteran's appeal is remanded due to inadequate examination and missing employment impact documentation. An additional VA examination is needed, along with further development regarding the impact of his service-connected disabilities on his employment.

The Board has reopened the veteran's claim for service connection for status post excision of left heel hyperkeratosis due to new and material evidence submitted since the previous denial in April 1994.

The Board denied the veteran's claim that his unreimbursed medical expenses for 1999 were reported in a timely manner, as he did not submit the report within the required timeframe.

The Board finds that the appellant can be recognized as the veteran's surviving spouse based on a deemed valid marriage due to her continuous cohabitation with him, despite his prior legal marriage.

The Board has determined that the veteran's service-connected residuals of gunshot wounds to both arms do not warrant a higher disability rating based on current evidence. The case is being remanded for further review.

The Board has denied payment of DIC benefits to the veteran's surviving spouse for the month she died, as DIC benefits are only payable to dependents and not to veterans during their lifetime.

The Board found that the decedent did not have qualifying service for VA benefits and denied the appellant's claim.

The Board has dismissed the appeal for service connection for cause of death due to withdrawal by the appellant. The claim of eligibility for Dependents' Educational Assistance under Chapter 35 is denied as there was no permanent total disability at the time of the veteran's death or died due to a service-connected disability.

The Board found that the cause of death, acute cardiac event leading to congestive heart failure and atrial fibrillation, was not caused or contributed substantially by any service-connected conditions. The veteran's service-connected disabilities were deemed insufficient to have accelerated his death.