Other conditions decisions — 2008

The Board has reopened the veteran's previously denied claim of entitlement to service connection for a gastrointestinal condition and granted it. The other issues on appeal remain unresolved.

The Board has determined that the veteran's claim for service connection for a respiratory disorder is denied as there is no competent evidence of a current disability related to his military service.

The case is being remanded for additional development, including obtaining the veteran's dependant's Chapter 35 education folder and an up-to-date financial status report.

The veteran died in July 2002 and was receiving nonservice-connected VA pension benefits at the time of death. The appellant submitted a claim for burial benefits more than two years after the veteran's burial, which is not within the statutory timeframe. Therefore, the appellant is denied entitlement to VA burial allowance.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim of service connection for stomach disability. The underlying claim remains denied as there is no positive association between the disability and herbicide exposure.

The veteran's appeal is being remanded due to the need for a VA examination and additional treatment records. The TDIU rating claim will be readjudicated after these are obtained.

The veteran's claim for competency to handle VA benefits funds is being remanded due to conflicting medical opinions regarding his current competency status.

The veteran's claim for an increased evaluation of her service-connected dysthymia is being remanded due to the need for additional development, including a new examination and VCAA compliance.

The veteran is seeking compensation under the provisions of 38 U.S.C. § 1151 for testicular conditions, including bilateral hydroceles, right epididymitis, and left varicocele, which he claims were caused by VA physical therapy in October 2004. The Board has determined that further development is needed to determine if the veteran's current condition was caused or aggravated by this treatment.

The Board denied the veteran's claim for service connection for colon cancer, finding no credible evidence linking his current condition to his military service or herbicide exposure.

The Board has remanded the case due to procedural defects and a need for updated financial information. The veteran's claim for an increased apportionment of his disability compensation benefits on behalf of his minor child is pending.

The Board found that the effective date of February 1, 2003 for removing the veteran's dependent spouse from his compensation award was proper.

The veteran's appeal is being remanded for additional development, including obtaining updated VA and private medical records, scheduling the veteran for comprehensive orthopedic and neurological examinations, and considering all relevant factors in determining an appropriate disability rating.

The Board found no evidence of arthritis or malaria during service, and there is insufficient credible evidence to establish a nexus between the claimed disabilities and military service. As such, service connection for these conditions was denied.

The appellant is not eligible for Survivors' and Dependents' Educational Assistance (DEA) benefits as her eligibility period has ended, and she did not initiate or complete an education program within the 10-year period due to a disability.

The Board denied the appellant's claim for recognition as a 'child' of the veteran due to his divorce and lack of annulment, finding that he is not eligible for DIC benefits under the law.

The veteran's residuals of dental trauma to the mouth, resulting in injury to tooth number 29, constitutes a service-connected noncompensable dental condition or disability adjudicated as resulting from service trauma under 38 C.F.R. § 17.161(c). This will entitle the veteran to Class II(a) benefits which are defined as 'any treatment indicated as reasonably necessary for the correction of such service-connected noncompensable condition or disability.'

The veteran's appeal is remanded for a new dental examination to determine the severity of his residuals of maxilla fracture, and for proper notice under Vazquez-Flores v. Peake.

The Board has determined that the evidence does not support a finding of in-service onset or continuity of symptomatology for endometriosis, and thus denied the veteran's claim for service connection.

The Board has remanded the case for additional development, including obtaining medical and administrative records from various facilities where the veteran was treated. The appellant seeks burial benefits but must be provided with notice regarding possible theories of entitlement such as 'individual authorizations.'