Other conditions decisions — 2003

The Board determined that the appellant's income exceeded the maximum annual pension rate and denied his claim for receipt of pension benefits.

The Board denied the veteran's request for a waiver of overpayment of VA benefits, finding that there was no fraud or bad faith on her part but concluding that recovery would not be against equity and good conscience.

The veteran's service connection claims for swelling of the neck and left side body, sinusitis, hypertension, IBS, muscle and joint aches, depression and panic attacks, liver condition, and memory loss are all denied as not related to his active duty service or an undiagnosed illness.

The Board has determined that the veteran's schizoaffective disorder warrants a 50 percent disability rating, effective from November 7, 1996. The appeal is granted.

The Board has decided to remand the case for additional development, including obtaining missing service medical records and Social Security Administration (SSA) disability benefits records. The veteran's claim for service connection for the residuals of a left testicle injury will be reconsidered after these developments.

The Board found that the appellant did not timely appeal the June 1999 Committee decision denying waiver of an overpayment of VA death pension benefits, and thus the decision is final.

The Board has remanded the case for additional development due to issues related to service connection and determining if service-connected disabilities were a cause of death.

The Board has determined that the veteran does not have a current disability of malaria or an E. coli infection including a urinary tract infection and gastroenteritis, and thus service connection for these conditions is denied.

The Board found that the evidence did not support an evaluation in excess of 20 percent for status post fracture of the right great toe, as appellant's condition more closely approximated 'moderately severe' disability than 'severe' disability.

The Board has remanded the case for further development and consideration, including obtaining medical records from August 1998 and addressing the veteran's entitlement to a higher rating based on her service-connected gynecologic disability.

The Board found that there is no current identifiable disability of a bilateral leg disorder and thus denied the veteran's claim for service connection.

The Board has determined that additional development is required before the issue of service connection for a skin condition can be adjudicated. The veteran claims she developed a hypersensitive reaction to sunlight shortly after returning from Desert Storm, and the RO should ensure her claim is considered under the provisions relating to undiagnosed illnesses stemming from her service in the Persian Gulf.

The Board has reopened the claim for service connection for defective vision and granted service connection for dry right eye. The other eye disabilities are not currently service-connected.

The Board has remanded the case due to the need for additional development, including obtaining medical records and Social Security Administration records.

The Board has remanded the case due to a failure to provide proper VCAA notice and for additional development of evidence, including a corrected service validation request.