Other conditions Board decisions

The Board denied the appellant's claim for nonservice-connected burial benefits because it was not received by VA within two years of her husband's burial, as required by law.

The Board determined that the appellant's bad conduct discharge from service is a bar to VA benefits, as he was not insane at the time of committing offenses and his misconduct was willful and persistent.

The Veteran's appeal is remanded due to scheduling issues, and he will be rescheduled for a Travel Board hearing.

The Board has determined that the Veteran's service-connected fibrositis contributed to his death, and thus grants service connection for the cause of the Veteran's death.

The Veteran's child is not eligible for Dependents' Education Assistance (DEA) benefits under 38 U.S.C. Chapter 35 because she reached her 26th birthday before the effective date of the permanent and total service-connected disability rating.

The Board has determined that the appellant had no qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, they have denied basic eligibility for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's service-connected thoracic spine degenerative joint disease is currently rated at 20 percent, and the Board has found that this rating adequately reflects his current disability level.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has ordered additional medical records to be obtained and a neurologist's opinion is requested. The Veteran was treated for right foot hallux abducto valgus, partial paralysis of the right side, and memory loss due to VA medical treatment in May 2000.

The Board found that the appellant willfully misrepresented her income in order to receive VA death pension benefits, which resulted in an overpayment. The Board concluded that this constitutes bad faith and thus precludes waiver of recovery of the overpayment.

The Veteran's claim for service connection for the residuals of an acquired malocclusion and temporomandibular joint dysfunction (TMD) is being remanded due to a need for further development, including a VA examination to determine if her TMD was aggravated by her service-connected cervical spine disability.

The Board denied the Veteran's claims for service connection for cold weather injuries of the ears, hands, and feet and Raynaud's syndrome due to lack of evidence showing a current disability that either occurred in or was caused by service.

The Board has determined that the Veteran's right calf scar is a residual of an in-service shrapnel injury and grants service connection for this condition.

The Board found that the Veteran's antral gastritis with duodenal irritability does not warrant a rating in excess of 10 percent, as his symptoms do not meet or more nearly approximate the criteria for a higher evaluation.

The Board has remanded the case for additional development, including obtaining SSA records and a VA psychiatric examination report. The Veteran's claim of entitlement to service connection for generalized body pain and fatigue is currently under review.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding the etiology of the Veteran's atrial fibrillation and congestive heart failure.

The Veteran's service-connected duodenal ulcer disability has been manifested by no more than severe symptoms during the pendency of his appeal, and thus he is not entitled to a rating in excess of 60 percent.

The Veteran died due to chronic obstructive lung disease. The Board found that the Veteran was not in receipt of pension or compensation benefits at the time of her death, nor would she have been if she had lived. She did not die while hospitalized by VA, and there is no indication that she was discharged from service for a disability incurred in the line of duty. Therefore, burial benefits are denied.

The Board has remanded the case for additional development, including a VA medical examination and consideration of new evidence. The appeal is not yet decided.

The Board has remanded the case for further development regarding the Veteran's exposure to herbicides in Thailand, which could affect his claim of service connection for the cause of death and dependent's educational benefits.