Other conditions decisions — 2008

The appeal is remanded for additional development and readjudication of the entitlement to apportionment of the veteran's benefits.

The Board has remanded the case due to conflicting evidence regarding whether the appellant and the veteran were legally married, and whether a divorce between them was finalized. The RO/AMC is instructed to obtain any relevant SSA documents and determine if there are records of a divorce in Richmond County, South Carolina.

The Board has determined that the grant of service connection for residuals of a fracture, left tibia was not clearly and unmistakably erroneous. The veteran's preexisting condition worsened during active duty, and this is supported by in-service treatment records.

The veteran's daughter J. was attending an approved educational institution as of her eighteenth birthday, and therefore should have remained a dependent for VA compensation purposes.

The Board denied the veteran's application to reopen his claim for basic eligibility for nonservice-connected disability pension benefits because he did not have the required wartime service, and the new evidence submitted was not material.

The veteran's service-connected meatotomy for urethral stenosis with history of infections does not require the wearing of absorbent materials, and thus a compensable rating is not warranted.,The veteran's left testicle residuals cyst removal do not produce urinary tract infections requiring long-term drug therapy, 1-2 hospitalizations per year and/or intermittent intensive management. Therefore, a compensable rating is not warranted.,The veteran's pressure sore of the sacrum does not include a superficial scar which is unstable or painful on objective examination, nor does it produce limitations of function of any part. Thus, a compensable rating is not warranted.

The Board denied the appellant's claim to be recognized as the veteran's surviving spouse for purposes of receiving VA death benefits due to her divorce from the veteran at the time of his death.

The Board has remanded the case to the RO for further development due to a need for a more recent medical examination of the veteran's right thumb disability.

The veteran's claim for an increased evaluation of his service-connected residuals of total left hip replacement is being remanded due to the need for a new VA examination and proper VCAA notification.

The Board found that the veteran's countable annual income from December 1, 2003 and for the years 2004 and 2005 exceeded the maximum annual rate of income for a veteran with one dependent, thus denying his claim for nonservice-connected disability pension benefits.

The Board has determined that the veteran's currently diagnosed onychomycosis is not related to active service and therefore denied his claim for service connection.

The Board found no current evidence of a disability manifested by memory and cognitive deficits related to service, thus denying the veteran's claim for service connection.

The Board determined that the veteran's lung disorder and breathing problems are not related to his active service, as there was no chronic lung disorder shown in service and no evidence of a connection between current symptoms and service.

The veteran's claim for service connection for a fungal infection of both feet was denied as there is no evidence linking the condition to his active duty service. The TDIU claim was also denied due to the veteran not meeting the criteria for total disability rating based on individual unemployability.

The Board has determined that the veteran does not have a current diagnosis of congestive heart failure or any other heart disability, and there is no competent evidence linking such a disability to service-connected left knee disability or medication taken for it. Therefore, the claim for service connection for congestive heart failure is denied.

The Board has determined that the appellant made a timely election of a beginning date for Dependents Educational Assistance (DEA), thus no overpayment was created and there is no valid debt based on overpayment.

The veteran's claim for an increased evaluation of her service-connected low back disorder is remanded due to the need for a new VA examination and consideration of additional medical records.

The Board has granted a 10 percent rating for the veteran's residuals of a left little finger fracture, effective from March 3, 2005.

The appellant's active duty service did not meet the minimum requirement of twenty-four consecutive months, as reflected in his DD Form 214. Therefore, he does not qualify for VA healthcare benefits.

The veteran is seeking reimbursement for unauthorized medical expenses incurred from October 20, 2005 to October 26, 2005. The case has been remanded due to uncertainty regarding the availability of VA facilities and whether the veteran's condition had stabilized enough for transfer.