Other conditions decisions — 2003

The Board has remanded the case due to procedural issues and the need for a VA examination.

The Board found no evidence to support the veteran's claim that his loss of front upper and lower teeth occurred during service or was due to service, thus denying the claim for service connection.

The veteran's cause of death is being reviewed, and the appellant seeks dependency and indemnity compensation under a specific VA law. The case must be remanded for further development.

The Board found that the veteran does not have a service-connected compensable dental condition, and thus denied his claim for service connection.

The Board found that the veteran's service-connected non-invasive allergic bronchopulmonary aspergillosis is currently asymptomatic and rated at 0 percent under Diagnostic Code 6838.

The Board denied the appellant's claims for service connection for cause of death, accrued benefits, and NSC pension benefits due to lack of new and material evidence for the claim of service connection for cause of death.

The veteran's eye problems are not service-connected due to a known diagnosis. His headaches, weight loss, fatigue, nervousness, sleep difficulties, memory problems, and speech difficulties have been attributed to other conditions unrelated to his military service.

The Board found that the veteran's death was due to hepatic, anoxic encephalopathy, which was not present during service or for many years thereafter and was not causally linked to service. Therefore, service connection for the cause of the veteran's death is denied.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to the fact that he did not meet the eligibility criteria as his father was found to be permanently and totally disabled before he reached his 26th birthday.

The veteran claims that his right orchiectomy in 1999 was caused by problems arising from a 1987 hernia repair surgery at a VA facility. The Board has decided to remand the case for additional development.

The Board denied the veteran's request to restore his child's apportionment of benefits from $1,043 to $110 due to an administrative error. The appellant was notified and had a period of 60 days to submit evidence but did not provide any that would change the outcome.

The veteran's application for educational assistance benefits under Chapters 30, 1606, and 32 of Title 38 and Chapter 1606 of Title 10 was denied due to lack of eligibility based on the criteria set forth in VA regulations.

The Board denied the veteran's request for a waiver of recovery of an overpayment in his VA improved pension benefits, finding that his actions constituted bad faith and misrepresentation.

The Board has determined that the veteran's claim for an earlier effective date for service connection for non Hodgkin's lymphoma was not supported by evidence in possession of VA at the time of his death, and thus denied the claim.

The Board denied the veteran's claim for benefits under 38 C.F.R. § 3.356, finding that his daughter was not shown to be permanently incapable of self-support by reason of mental or physical defect at the age of 18.