Other conditions Board decisions

The Board has remanded the case due to issues related to the validity of an overpayment and potential administrative error, as well as incomplete documentation. The veteran's guardianship folder needs to be reviewed, and any necessary development should be completed before reaching a decision on the waiver application.

The Board has determined that additional development is needed, including obtaining the veteran's service personnel records and relevant medical records. A VA cold injury examination will also be scheduled to determine if a cold injury sustained in service caused avascular necrosis leading to bilateral hip replacement.

The Board has denied the veteran's claim of service connection for residuals of a left hip/pelvis injury, finding that there is no competent evidence linking any current disability to an incident of active military service.

The Board found that new and material evidence had not been received to reopen the veteran's claim for service connection for arthritis, which was previously denied in July 1972. The decision is considered 'mixed' as some issues may have been granted while others were not.

The Board has remanded the veteran's claim due to a need for additional development under the Veterans Claims Assistance Act of 2000. The RO is instructed to obtain all relevant medical records and provide the veteran with an examination to determine the nature and etiology of his chronic skin disorder.

The Board denied the veteran's claim for service connection for extraction of teeth due to chronic periodontal disease because it occurred prior to completing 180 days of active service, and VA regulations prohibit such a grant.

The Board denied the veteran's claim for service connection for status post colostomy with incontinent bladder, finding that there was no link between his current condition and any incident or event of active service.

The Board denied the appellant's claims for service connection for cause of death and payment of accrued benefits for service connection for POW-related disabilities, finding that there was no evidence linking these conditions to active military service.

The Board has determined that the appellant's service-connected disabilities do not meet the criteria for specially adapted housing eligibility due to lack of evidence showing loss of use of a lower extremity or combination of conditions precluding locomotion without the aid of braces, crutches, canes, or a wheelchair.

The Board found that the veteran's failure to report his income caused the overpayment and that recovery would cause undue hardship. The decision grants a waiver of the overpayment.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of valid military service, as determined by the U.S. Army Reserve Personnel Center.

The Board has remanded the veteran's claims for service connection for injuries to his left and right eyes due to additional development, including an examination.

The veteran withdrew his appeal regarding compensation pursuant to 38 U.S.C.A. § 1151 for residuals of prostate surgery before the Board could make a decision.

The Board has denied the appellant's claim for basic eligibility for VA burial, plot, and interment allowance due to a lack of service as a member of the United States Armed Forces or Philippine Commonwealth Army.

The Board denied the appellant's request to reopen his claim for VA benefits due to a lack of new and material evidence, as the submitted documents were essentially cumulative and did not establish recognized military service.

The Board of Veterans' Appeals (Board) denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, for periods of enrollment from August 25, 1996 to December 14, 1996, and from January 19, 1997 to May 17, 1997. The decision is based on the appellant's eligibility for Chapter 35 benefits due to her spouse having a permanent and total disability rating.

The Board has determined that the veteran does not have a respiratory disorder, memory loss, or hair loss due to radiation exposure and therefore service connection for these conditions is denied.

The Board denied the veteran's application to reopen his claim of entitlement to service connection for residuals of a nasal fracture, finding that the evidence submitted since the RO's final March 1957 rating decision was not new and material.

The VA has determined that the appellant's service-connected residuals of fractures of the left tibia and fibula do not warrant a higher rating, as they are currently rated at 20 percent. The partial paralysis of the left ulnar nerve is also rated at 10 percent. Both conditions have been evaluated based on their direct impact without considering any presumptive or secondary service connection.

The Board has determined that a deemed valid marriage existed between the claimant and the veteran for VA purposes, allowing the claimant to be recognized as the surviving spouse.