Other conditions decisions — 2007

The Board has decided to remand the case for further development, including obtaining Social Security Administration records and providing proper VCAA notice.

The Board denied the appellant's claim for retroactive education benefits under Chapter 35, as payment could not be made prior to July 8, 2004 due to her initial application being received on that date.

The Board has remanded the case due to new evidence received after the last supplemental statement of the case, and the appellant is not eligible for Dependency and Indemnity Compensation (DIC) benefits and death pension benefits.

The Board has granted the veteran's claim for recognition of J.K. as his dependent child for purposes of VA benefit purposes, and therefore, the benefit sought on appeal has been granted in full.

The veteran's overpayment of additional VA disability compensation for a dependent child in the amount of $1,689 was denied as recovery would not be against equity and good conscience.

The Board dismissed the appeal due to the death of the appellant before a final decision was made.

The Board denied the veteran's claim for educational assistance benefits under Chapter 1606, Title 10, United States Code due to her not having active participation in the Selected Reserve and her eligibility terminating upon separation from the Selected Reserve. The appeal is based on a lack of entitlement under the law.

The Board denied the appellant's request to reopen her claim for VA benefits based on her husband's qualifying service, finding that no new and material evidence had been submitted since the previous denial in October 1998.

The veteran's death was caused by anoxic encephalopathy, heart failure, and cardiac arrest with ventricular fibrillation. Service connection for these conditions is not warranted as they are not related to service or service-connected disabilities.

The veteran's claim for an increased disability evaluation for his service-connected back disorder is being remanded due to the absence of complete treatment records from a VA facility. The claims folder will be returned to the Board after obtaining relevant medical records.

The Board has determined that VA facilities were available to provide the care provided at Winchester Medical Center, but due to a lack of critical care beds in Martinsburg VAMC and other factors, no transfer was feasible. The veteran's claim for payment or reimbursement is denied.

The veteran is seeking a higher evaluation for her service-connected residuals of a left little toe bunionectomy. The Board has ordered the case back to the RO for additional development, including obtaining an examination and medical opinions regarding whether her service-connected disability has aggravated other foot conditions.

The Board has remanded the case due to insufficient examination and opinion regarding whether the veteran's current lower extremity symptoms are related to his in-service exposure to cold weather conditions. The claim is pending for further development.

The Board has decided to remand the case for further development, including a VA examination and opinion regarding the etiology of the veteran's cataract in the right eye.

The Board has determined that the veteran does not currently have a tumor, prostate disorder, or skeletal system disorder related to service, including exposure to Agent Orange. Service connection for these conditions is denied.

The veteran's perirectal abscess with fistula is currently rated at 10 percent disabling. The Board has determined that the current rating does not meet the criteria for a higher rating.

The Board has determined that the effective date for the grant of DIC benefits (service connection for cause of death) should be May 1, 2001. The appellant's claim was received on April 5, 2001, and VA granted service connection for the cause of the veteran's death with this effective date.

The Board found that a chronic bilateral foot disorder and arthritis were not incurred in or aggravated by service, nor may they be presumed to have been incurred in service. The veteran's current gout-like arthritis was diagnosed many years after separation from service.

The veteran's claim for increased ratings for left ring finger and little finger amputations has been granted, with a rating of 20 percent effective from the date of separation.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his gouty arthritis and left inguinal hernia.