Other conditions Board decisions

The Board has reopened the claim of service connection for the cause of the veteran's death due to new and material evidence submitted. The appeal is granted.

The veteran's application for educational assistance benefits under Chapters 30, 1606, and 32 of Title 38 and Chapter 1606 of Title 10 was denied due to lack of eligibility based on the criteria set forth in VA regulations.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for dental disability based on VA treatment was denied because the additional disability did not result from carelessness, negligence, or lack of proper skill by VA.

The Board has remanded the case for further development due to concerns about the adequacy of the radiation dose estimate provided by DTRA and the need to consider a revised estimate. The veteran is also advised that he may submit additional evidence or information related to his claim.

The veteran's eye problems are not service-connected due to a known diagnosis. His headaches, weight loss, fatigue, nervousness, sleep difficulties, memory problems, and speech difficulties have been attributed to other conditions unrelated to his military service.

The Board denied the veteran's request to waive overpayment of $2,400 in 1994 due to his failure to report income from a life insurance company. The Board found that he acted in bad faith and did not provide timely notice for the waiver.

The veteran is seeking an earlier effective date for service connection of arthritis secondary to his service-connected Crohn's disease. The Board has remanded the case due to incomplete medical records and the need to review all issues raised by the appellant.

The Board determined that the veteran does not have basic eligibility for educational assistance benefits under Chapter 30, Title 38, United States Code.

The Board found that the veteran does not have a service-connected compensable dental condition, and thus denied his claim for service connection.

The Board has determined that the veteran's grandchildren do not qualify as dependents for purposes of additional pension benefit payments, and thus denied the claim.

The Board has remanded the case for additional development due to issues related to service connection and determining if service-connected disabilities were a cause of death.

The veteran's appeal is being remanded for additional development, including compliance with the Veterans Claims Assistance Act of 2000 and a supplemental statement of the case.

The Board has determined that the veteran's essential tremor was incurred in service and granted service connection for this condition, with a current evaluation of 30 percent.

The Board found that the evidence did not support an evaluation in excess of 20 percent for status post fracture of the right great toe, as appellant's condition more closely approximated 'moderately severe' disability than 'severe' disability.

The Board determined that the appellant's income exceeded the maximum annual pension rate and denied his claim for receipt of pension benefits.

The Board has determined that additional development is required before the issue of service connection for a skin condition can be adjudicated. The veteran claims she developed a hypersensitive reaction to sunlight shortly after returning from Desert Storm, and the RO should ensure her claim is considered under the provisions relating to undiagnosed illnesses stemming from her service in the Persian Gulf.

The Board has decided to remand the case for additional development, including obtaining missing service medical records and Social Security Administration (SSA) disability benefits records. The veteran's claim for service connection for the residuals of a left testicle injury will be reconsidered after these developments.

The Board denied the veteran's request for a waiver of overpayment of VA benefits, finding that there was no fraud or bad faith on her part but concluding that recovery would not be against equity and good conscience.

The Board has remanded the case for further development and consideration, including obtaining medical records from August 1998 and addressing the veteran's entitlement to a higher rating based on her service-connected gynecologic disability.

The Board denied the veteran's claim for service connection for post-traumatic-stress-disorder (PTSD) due to a lack of credible supporting evidence that an in-service stressor occurred, and thus did not meet the threshold legal requirement for establishing service connection for PTSD.