Other conditions Board decisions

The Board has reopened the claim for service connection for residuals of a vertebral fracture and a disc disorder due to new evidence. The veteran's back problems during service are not considered to have caused his current conditions.

The Board has granted a 100 percent evaluation for the veteran's duodenal ulcer with gastrectomy, finding that the disability is pronounced and unrelieved by standard ulcer therapy.

The Board found that the appellant's preexisting hernia condition did not increase in severity during his active duty for training, and thus denied service connection.

The Board dismissed the matter due to lack of jurisdiction, as it was held that issues involving entitlement or eligibility for attorney fees cannot be the subject of sua sponte or other original BVA review.

The Board found that the veteran's chikungunya disease was not incurred in or aggravated during his active duty service and denied the claim.

The Board denied the veteran's request for a waiver of overpayment of $22,093.00 in VA pension benefits due to his failure to report changes in income accurately and timely.

The Board has determined that the veteran is not entitled to outpatient dental treatment under 38 C.F.R. § 17.161 due to lack of eligibility based on his gastrointestinal disorder.

The Board found that the veteran's actions were not done with intent to seek an unfair advantage, and thus did not find bad faith. The overpayment was created due to the veteran's failure to return a regular check after negotiating a hardship payment. The Board concluded that recovery of the debt would not be against equity and good conscience as it would not defeat the purpose of benefits otherwise authorized.

The Board has determined that the evidence does not support an increased evaluation for either service-connected healed fracture of the right clavicle or compound comminuted fracture of the nasal bone.

The Board denied the appellant's claims for accrued benefits under 38 U.S.C.A. § 1151, finding that there was no legal merit to her claims regarding additional skin disability from VA medical treatment in 1989 and additional disability from a pedestrian/motor vehicle accident on August 23, 1990.

The Board has determined that VA has the authority to pay attorney fees resulting from February 1998 and July 1998 regional office decisions, even though all past-due benefits have been released to the veteran.

The Board found that the veteran's current right hip disorder is not related to treatment received at a VA facility in December 1981, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The case is being remanded due to new evidence received since the July 2000 supplemental statement of the case. The increased rating for intevertebral disc syndrome will be reconsidered.

The Board finds that the veteran's current chronic skin disorder was not present during his service and denied his claim for service connection.

The Board has granted service connection for the cause of the veteran's death due to exposure to Agent Orange, and has also granted Dependents' Educational Assistance pursuant to Title 38, United States Code, Chapter 35.

The Board has denied the veteran's claim for service connection for the cause of his death due to a brain tumor, finding no evidence of radiation exposure during service. The issue of dependency and indemnity compensation under 38 U.S.C.A. § 1318 is also denied.

The Board has found that new and material evidence has been submitted to reopen the claim of service connection for a psychiatric disorder, specifically emotional instability reaction. The veteran's initial claim was denied in October 1962 due to lack of evidence showing a disease or injury incurred during service.

The Board has determined that additional evidentiary development is needed before the case can be considered further. This includes obtaining VA and non-VA medical records, as well as any other relevant information from the appellant.

The veteran is seeking service connection for a brain tumor, either on its own or as secondary to his service-connected labyrinth disease. The case has been remanded due to procedural issues.

The Board found that the evidence did not support a rating in excess of 30 percent for the service-connected left shoulder disability, and denied both claims.