Other conditions Board decisions

The Board found that the overpayment of $11,089 was validly created due to the veteran's receipt of Social Security disability benefits in addition to VA pension benefits. The veteran did not demonstrate bad faith in creating this overpayment.

The Board has remanded the case for additional development due to a request from the veteran's representative for a Travel Board hearing.

The VA has denied the veteran's claim for an increased rating of his service-connected chronic unspecified adjustment disorder, as it does not meet the criteria for a higher rating under the applicable diagnostic code.

The Board has determined that the veteran's claim for an increased evaluation for his service-connected thoracic spine disability remains viable and remanded the case for additional development. The RO is instructed to ensure all notification and development action required by law are fully complied with, including considering new evidence received since the most recent Supplemental Statement of the Case.

The veteran's claims for an increased evaluation for organic brain syndrome and TDIU were denied due to his failure to report for a necessary medical examination.

The Board denied the veteran's claim for an increased rating for his service-connected right shoulder disability due to his failure to report for a scheduled medical examination without good cause.

The Board denied the veteran's claims for service connection for right hand and left hand disabilities, finding no new and material evidence to reopen the right hand claim and denying both issues.

The veteran's claim for payment or reimbursement of unauthorized medical service for a non-service connected heart attack at a non-VA facility from December 23, 2001 through December 25, 2001 was denied because he had not received treatment at a VA facility within the 24 months prior to the emergency treatment.

The Board found no evidence linking the veteran's currently diagnosed peripheral vascular disease to his service or any incident therein, and thus denied the claim for service connection.

The Board found no service connection for the cause of death due to service-connected disabilities, and denied DIC benefits based on the veteran's total disability rating.

The Board denied the appellant's waiver request for an overpayment of educational assistance benefits, finding that she was at fault in creating the debt and that repayment would not be against equity and good conscience.

The Board granted the appellant's claims for service connection on a secondary basis for gallbladder disability and an increased rating for duodenal ulcer disability with subtotal gastrectomy, both for purposes of accrued benefits. The cause of the veteran's death was not addressed as it is not related to his service-connected disabilities.

The Board denied the veteran's claims for service connection for a respiratory condition and bone deterioration, both secondary to exposure to Agent Orange. The evidence did not support a finding that these conditions were caused by service or herbicide exposure.

The Board denied the claim for service connection for the cause of the veteran's death, finding that his fatal lymphoma was not caused or contributed to by any service-connected disabilities.

The Board found that the veteran's service-connected muscle disability does not meet or approximate the criteria for a higher evaluation under any applicable Diagnostic Code, and thus denied his claim for an increased rating.

The Board is remanding the case for additional development, including consideration of new VA examination results and Social Security Administration records. The veteran's claim for service connection for a stomach disorder and whether new and material evidence has been submitted to reopen his acquired psychiatric disorder will be reconsidered.

The appeal has been dismissed as the appellant requested withdrawal of the appeal prior to the Board's decision.

The Board has ordered additional development and the case is being remanded to the RO for further consideration of the service connection claim for a left hand disorder.

The Board has ordered the RO to obtain the veteran's terminal hospital record and arrange for a medical opinion regarding his cardiac disorder and death. The appeal is now in remanded status.

The Board has determined that the veteran's service-connected non-Hodgkin's lymphoma, which is a presumptive disease associated with exposure to Agent Orange, contributed to his death from overwhelming pneumonia.