Other conditions Board decisions

The Board denied the attorney's request for fees due to the lack of work performed after a final decision in October 1997, and found that any fee charged was excessive and unreasonable.

The Board previously denied the appellant's retroactive DEA benefits for enrollment pursued more than one year prior to January 20, 1994. However, due to a regulatory amendment and recent changes in the law, the Board may now consider retroactive payments of DEA benefits for periods of enrollment up to one year before the receipt date of her application for educational assistance benefits.

The case is being remanded to the RO for further development and consideration of the appellant's claim for service connection for the cause of the veteran's death. The appellant will be scheduled for a videoconference hearing before a member of the Board.

The Board denied the appellant's claim as they found no valid service in the United States Armed Forces, including service with the Philippine Commonwealth Army or recognized guerrillas.

The Board found that the veteran's periodontal disease did not warrant service connection for compensation purposes, but granted her eligibility for VA outpatient dental treatment.

The Board has determined that there is no misrepresentation on the part of the veteran in the creation of the overpayment, and thus grants the waiver of recovery of an overpayment of improved pension benefits in the amount of $18,475.00.

The veteran's prostatitis, which requires long-term drug therapy, is now rated at a 10 percent disability level.

The Board has granted the application to reopen the claim for service connection for the cause of the veteran's death, and is now considering the merits of the case.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a bilateral foot condition, which was previously denied in April 1996.

The Board denied the veteran's claim for an increased evaluation of his dorsal spine fracture, finding that the disability does not meet or approximate the criteria for a rating greater than 20 percent.

The RO denied the veteran's claims for service connection for cancer of the prostate, lipoma of the right anterior chest wall, residuals of malaria and catarrhal fever as not well grounded.

The Board of Veterans' Appeals has determined that the veteran's service-connected bilateral superior and inferior rami pelvic fracture residuals do not warrant a compensable evaluation.

The Board denied the veteran's claim for service connection for total abdominal hysterectomy and bilateral salpingo-oophorectomy, finding that there was no evidence to support a link between these conditions and her military service.

The Board denied an increased evaluation for paroxysmal auricular tachycardia, finding that the evidence did not support a higher rating under either the old or new criteria.

The Board found that the appellant's failure to return a VA Form 21-8960, which certified her school attendance, resulted in an overpayment of $3,464. The COWC determined this was due to the appellant's fault and granted waiver of recovery.

The Board denied the veteran's claim for service connection for residuals of a vaginal hysterectomy secondary to dysfunctional uterine bleeding, finding that there was no clinical relationship between her in-service symptoms and the hysterectomy performed following service.

The Board has determined that recovery of the overpayment of VA improved pension benefits in the calculated amount of $1,444 would be against equity and good conscience due to financial hardship.

The veteran's claim for an increased disability rating for his service-connected postoperative tonsillectomy is being remanded due to incomplete development and the need to apply the appropriate diagnostic criteria.

The Board found that the appellant's right little finger disability did not warrant an evaluation in excess of 20 percent, as there was no evidence of ankylosis or extremely unfavorable ankylosis. The appeal is denied.

The veteran's service-connected nasal septal deviation is currently rated at the maximum schedular evaluation of 10 percent. The Board finds no basis to grant an increased rating as there are no additional symptoms or disabilities associated with his condition that would warrant a higher evaluation.