Other conditions decisions — 2008

The Board has determined that the appellant and the veteran did not hold themselves out as husband and wife for all purposes, including Federal income tax and SSA benefit purposes after their divorce in September 1999. Therefore, the appellant cannot be recognized as the veteran's surviving spouse for VA death benefits.

The Board has determined that additional development is necessary before the adjudication of this claim for service connection for the cause of the veteran's death.

The veteran's service-connected fracture of the right hand results in pain and tenderness, warranting a 10% rating.

The Board has determined that the veteran's deviated nasal septum does not meet the criteria for a compensable rating under any applicable diagnostic code.

The veteran's appeal for educational assistance benefits at a full-time rate of payment for the Fall 2006 term was denied as her enrollment did not meet the criteria for such benefits.

The Board has decided to remand the case for additional development, including obtaining a medical opinion on whether the veteran's asbestos exposure during service was a contributory cause of his lung cancer and subsequent death.

The Board denied the appellant's claim for recognition as the surviving child of the veteran for purposes of establishing eligibility for VA DIC benefits due to lack of evidence showing she was permanently incapable of self-support prior to her 18th birthday and because she is older than the maximum allowable age of 23.

The veteran's claim for reimbursement of unauthorized medical expenses incurred on June 21, 2006 at Strong Memorial Hospital was denied as he did not meet the criteria under 38 U.S.C.A. § 1728 and 38 C.F.R. § 17.120.

The Board has remanded the case for further development due to missing service records and the need for additional medical examinations.

The Board has determined that the removal of child A from the veteran's compensation award effective June 1, 2002, and the denial of additional compensation benefits for child B after age 23 are proper decisions.

The veteran's claim for payment or reimbursement of medical services provided by Bryan LGH Medical Center from July 8, 2007 to July 9, 2007 was denied as he did not meet the criteria for reimbursement under VA regulations.

The Board has determined that the appellant does not meet the eligibility criteria for VA educational benefits under Chapter 30, Title 38 of the United States Code due to insufficient active duty service and other non-qualifying reasons. As a result, the claim is denied.

The Board has determined that the veteran's left eye vision loss was due to an unforeseeable event during VA medical treatment, and thus compensation under 38 U.S.C.A. § 1151 is granted.

The VA determined that the veteran's skin rash is not attributable to his military service, including presumed exposure to Agent Orange in Vietnam.

The Board has remanded the case for further development, including a new VA examination to determine if the veteran's current bilateral leg condition is related to service.

The Board denied the veteran's daughter's claim for recognition as a helpless child due to lack of evidence showing permanent incapacity for self-support prior to her 18th birthday.

The Board has determined that the veteran does not have a right hand disorder as a result of service and his bilateral hearing loss disability is currently rated at its maximum allowable rating.

The Board denied a rating in excess of 10 percent for residuals of a skull fracture, including organic brain syndrome. The veteran's surviving spouse is seeking accrued benefits based on CUE in this decision.

The Board found no evidence of current TMJ or chronic ear infections as a result of service. The veteran's claims for these conditions were denied.

The Board has determined that the veteran's current residuals of a duodenal ulcer are related to his military service, specifically due to stress experienced during combat service in World War II.