Other conditions Board decisions

The veteran's overpayment of VA compensation benefits is waived because the fault lies solely with him for failing to notify VA of his incarceration and change in address. The Board finds that repayment would not violate principles of equity and good conscience.

The veteran's claims for service connection and increased rating were denied. The claim for service connection was based on new evidence not previously considered, but the Board found no direct or presumptive link between his conditions and military service.

The veteran's claims for service connection of a left leg disorder and for a dental rating for treatment purposes are being remanded due to the need for further development, including compliance with the Veterans Claims Assistance Act (VCAA).

The Board has reopened the claim for service connection for fibroid tumors, uterus and granted it based on new evidence submitted by the veteran.

The Board denied the veteran's claim for service connection for a tooth disability for compensation purposes, finding no evidence of a ratable condition and noting that her only diagnosed issue was gingivitis.

The veteran claims he developed lung disability as a result of VA medical treatment from December 1991 to January 1992. The Board is remanding the case for further development, including obtaining records and seeking medical opinions.

The Board has determined that additional development is required in this case prior to any final appellate review. The claim for educational assistance benefits under Chapter 35, Title 38, United States Code is remanded to the RO via the Appeals Management Center (AMC) in Washington, D.C.

The Board has granted service connection for a restrictive ventilatory defect, but denied service connection for chronic obstructive lung disease. The restrictive defect is deemed to be due to the veteran's service-connected gunshot wound.

The Board has determined that the veteran's mesothelioma is related to his military service, specifically exposure to asbestos during his time in naval service. As a result, service connection for mesothelioma is granted.

The Board has remanded the case for additional development, including obtaining medical records and arranging for examinations to determine if the veteran's current conditions are related to his military service.

The Board denied the appellant's claim for service connection for the cause of her deceased spouse's death, finding that she did not have qualifying military service to establish eligibility for VA benefits.

The Board has determined that the veteran does not meet the eligibility criteria for educational assistance benefits under Chapter 30, Title 38, United States Code. The basic eligibility requirements have not been met due to the termination of Chapter 34 benefits and the lack of remaining Chapter 34 benefits on December 31, 1989.

The veteran's daughter is not eligible for VA educational assistance benefits under Chapter 35, Title 38, United States Code due to her reaching the age of 26 before the effective date of a permanent and total disability rating.

The Board denied the veteran's request for waiver of recovery of an overpayment of Chapter 30 benefits in the amount of $1,010.00 due to fault on the part of the veteran and lack of financial hardship caused by repayment.

The Board denied the appellant's claim for educational assistance benefits under Chapter 35, Title 38, United States Code due to her eligibility period having expired and there being no provision available to extend it.

The veteran's epicondylitis of the right elbow is manifested by limitation of motion and pain on motion with tenderness over the lateral and medial epicondyle. The criteria for an initial evaluation in excess of 20 percent have not been met.

The Board found no evidence of a current groin disability and denied the veteran's claim for service connection as his claimed groin pain is not related to his service-connected knee disorder.

The Board denied the veteran's claim for service connection for celiac sprue, finding that there was no evidence linking his current condition to his military service.

The Board has remanded the veteran's claims for additional development due to incomplete records and need for a VA examination.

The Board found that the veteran's current diagnosis of dysthymia did not have a direct link to his service, and concluded that it was more likely related to post-service events such as divorce and job loss.