Other conditions Board decisions

The Board has determined that the appellant did not submit new and material evidence to reopen her claim for basic eligibility requirements for VA death benefits, which had previously been denied due to her deceased spouse's lack of qualifying service as a veteran.

The veteran's request for service connection for a dental condition is being remanded to the RO for further action, including scheduling a Travel Board hearing.

The Board denied the appellant's claim for nonservice-connected burial benefits due to a lack of legal merit and because the claim was filed more than two years after the veteran's cremation.

The Board has determined that the veteran's current parenchymal liver disease is related to his in-service treatment for hypercholesterolemia, and thus service connection is granted.

The Board has remanded the case for further development, including a VA medical opinion and application of 38 C.F.R. § 3.361.

The Board granted service connection for residuals of a cold injury to the hands and fingers, finding that the veteran's current symptoms are likely due to frostbite sustained during service. Service connection was also granted for chronic sinusitis, presumed to have existed prior to service. The claim for increased rating for mechanical low back pain remains in appellate status.

The Board found that the veteran's right foot injury was not incurred in or aggravated by service and denied his claim for service connection. The initial disability ratings for bilateral hearing loss and hemorrhoids were also denied.

The Board found that the veteran's active duty service did not qualify him for nonservice-connected pension benefits because it was after the Vietnam Era and prior to the Persian Gulf War. Additionally, the period of 'prior active service' shown on his DD Form 214 was verified as a period of ACDUTRA rather than active duty, which does not count towards qualifying for non-service-connected pension.

The Board has determined that the veteran does not have PTSD related to his service and therefore denied the claim for service connection.

The veteran's claims for increased evaluations of his fractures of the pelvis and left tibia fracture were denied as there was no evidence to support ratings higher than the current 10 percent evaluations.

The Board has dismissed the appeal because the appellant did not file a timely Substantive Appeal in response to the October 2003 denial of death pension benefits.

The Board has determined that the veteran's dermatophytosis, which covers less than 5% of his entire body, warrants a 10 percent disability rating. The condition is not considered to meet the criteria for an even higher rating.

The veteran's service-connected musculoskeletal pain and fatigue is currently rated at the maximum schedular rating of 40 percent, effective February 11, 1996. The claim for a higher evaluation is denied.

The Board has granted service connection for the veteran's left hand disorder and assigned a 10 percent disability rating effective August 1, 2001.

The veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board determined that the appellant's spouse did not have recognized service with Philippine Army in the service of the U.S. Armed Forces, Far East (USAFFE), and therefore denied the claim for VA death benefits.

The Board has denied the appellant's request for waiver of recovery of an overpayment of VA death pension benefits, finding that her actions constituted bad faith due to intentional misrepresentation of income.

The Board has remanded the case due to incomplete medical records and the need for further examination. The veteran's claims for service connection for left hydrocele, left inguinal hernia, and right inguinal hernia are pending.

The Board has determined that there is no statutory bar to a waiver of recovery of the overpayment, and thus grants the veteran's request for a waiver.

The Board has determined that the veteran does not have a current dental disability for which compensation can be granted, as there is no evidence of nonunion or malunion of the maxilla or mandible; limited motion of the temporomandibular joint; impairment of the ramus, condyloid process, or coronoid process; loss of the hard palate; or loss of all upper anterior teeth, all lower anterior teeth, or all upper and lower teeth on one side.