Other conditions decisions — 2007

The Board has remanded the case due to incomplete service medical records and the need for additional evidence, including fitness reports and performance evaluation reports. The veteran's claim will be reviewed by a neuropsychologist to determine if his dementia had its onset in service or is causally related to any incident in service.

The Board has determined that the evidence received since the October 1998 rating decision does not raise a reasonable possibility of substantiating a claim of service connection for bilateral hand tremor, and is therefore not new and material.

The Board denied the appellant's claim for an earlier effective date for apportionment of her husband's VA benefits, finding that the law does not allow for such a retroactive change.

The Board has determined that the veteran's residuals of a fracture to the right iliac crest do not warrant an increased rating in excess of 30 percent, as his flexion is limited to 40 degrees and does not meet the criteria for a higher rating under Diagnostic Code 5252.

The appellant is not entitled to death pension benefits due to excess countable income.

The Board has granted a 40 percent disability rating for the veteran's service-connected status post radical retropubic prostatectomy, which is manifested by urinary incontinence requiring absorbent materials changed approximately 3 times daily.

The Board found the overpayment of Chapter 1606 educational assistance benefits in the amount of $2,959.40 was validly created and denied the appellant's claim.

The veteran's service is less than the required 90 days of active duty, and his Merchant Marine service does not qualify for pension purposes. Therefore, he is denied basic eligibility for nonservice-connected disability pension benefits.

The Board determined that new and material evidence had not been received to reopen the veteran's claim for service connection for residuals of a back injury, resulting in a denial.

The Board denied the veteran's request for a waiver of recovery of an overpayment of VA pension benefits, finding that he did not timely file his request.

The Board denied the appellant's claim for recognition as the surviving spouse of the veteran for VA death benefits purposes due to lack of a valid marriage or deemed valid common-law marriage prior to their marriage in April 2003.

The veteran died of cardiorespiratory failure due to cerebrovascular disease. The Board found that the cause of death was not service-connected and denied the claim.

The Board denied the appellant's request to reopen her claim for nonservice-connected death pension benefits as no new and material evidence was received.

The Board denied service connection for the cause of the veteran's death, finding no evidence that any condition was incurred or aggravated during service.

The Board has dismissed the appeal because the appellant died before a decision could be made.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 due to VA medical treatment in 1994 and 1995 for a cervical spine disorder is being remanded for additional development of the claims file.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at non-VA hospitals from August 10, 2004 until August 13, 2004 is denied as he does not meet the eligibility criteria under VA regulations.

The Board has determined that the veteran does not have peripheral vascular disorder in his left lower extremity, and therefore service connection for this condition is denied.

The veteran's claim for payment or reimbursement of medical expenses incurred at a non-VA facility due to an acute left flank pain condition was denied as she did not meet the eligibility criteria under VA regulations.

The Board denied the veteran's claims for service connection for a lung disorder, an initial disability rating in excess of 30 percent for anxiety disorder, and a TDIU rating. The VA found no competent evidence linking the veteran's current lung condition to his military service.