Other conditions decisions — 2008

The Board has remanded the case for further action, including scheduling a hearing before a Veterans Law Judge at the RO.

The Board found that the avulsed tendon was not incurred in or aggravated by active military service and denied the veteran's claim.

The veteran's peripheral vascular disease is aggravated by his service-connected diabetes mellitus type II. The claims for right ear hearing loss, arthritis of the bilateral knees, and hypertension are denied as new and material evidence has not been received to reopen them.

The Board is unable to determine if the debt was properly created due to concurrent receipt of Dependents' Educational Assistance (DEA) and disability benefits. The veteran's child, D.B., must be provided with their education folder for review.

The veteran's appeal for an initial compensable evaluation for service-connected syphilis is being remanded due to the need for a lumbar puncture and compliance with VA's duty to notify.

The Board has decided to remand the case for further consideration, including considering new financial information provided by the veteran and addressing whether the denial of the waiver request would cause undue hardship.

The veteran's service-connected traumatic arthritis of the left and right ankles has been rated at 20 percent for the entire period since his claim was filed, based on marked limitation of motion.

The veteran is seeking service connection for a lung condition, which he claims was caused by asbestos exposure during his military service. The case has been remanded to obtain a VA examination and further development of the medical records.

The Board has determined that the veteran is incompetent to handle VA benefits due to substance abuse, and thus denied his claim.

The veteran's death was not due to service-connected conditions, and the appellant did not meet the legal requirements for VA benefits as his surviving spouse.

The Board has granted an initial evaluation of 50 percent for the service-connected personality change due to head trauma, which is more than the originally assigned 30 percent rating.

The Board has denied the veteran's claim for an earlier effective date of January 15, 2003 for his TDIU award due to finality of a prior rating decision.

The Board has determined that the veteran's current restless leg syndrome is not related to his military service and that his income exceeds the maximum annual rate for non-service connected pension benefits. Therefore, he is denied both claims.

The veteran's claim for reimbursement of medical services provided by Alegent Health Midlands on February 22, 2006 is being remanded due to the need for further investigation into the availability and feasibility of VA facilities at that time.

The veteran's appeal has been dismissed due to his death during the pendency of the appeal. The Board had no jurisdiction to adjudicate the merits of this claim.

The Board denied the appellant's claim for an earlier effective date of January 1, 2004 for DIC benefits, finding that she did not intend to file as a surviving spouse prior to December 30, 2003.

The Board denied the veteran's claim for an earlier effective date for educational assistance benefits, finding that no prior formal or informal claims were submitted before May 11, 2007. The earliest possible effective date is therefore May 11, 2006.

The Board has ordered the case back to the RO for compliance with the instructions in the Joint Motion, which includes providing VCAA notice consistent with Dingess/Hartman and Vazquez-Flores.

The veteran's service-connected disabilities, particularly his bladder incontinence, render him unable to secure or follow a substantially gainful occupation.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her excessive annual income, which exceeded the maximum allowable amount.