Other conditions decisions — 2011

The Board denied service-connection for Leber's optic atrophy, concluding that it was a congenital or developmental abnormality and not a disability within the meaning of the law.

The Board found that the Veteran does not have pneumoconiosis or bullous emphysema due to service, as his symptoms predate his military service and are more likely related to post-service treatment. The claim for service connection was denied.

The Veteran's claims for service connection for musculoskeletal pain, short-term memory loss, and fatigue have been denied as there is no qualifying chronic disability manifested by these conditions that became manifest during active military service in the Southwest Asia Theater of operations.

The Board found that the Veteran's skin and right finger disorders did not meet the criteria for service connection as they were not shown to be chronic in service or continuous since service separation.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected myositis ossificans and for obtaining relevant medical records.

The Board denied reopening the claim for residuals of perforated tympanic membranes in January 1997. New evidence received since then does not provide new and material information to support this claim.

The Veteran's son is permanently incapable of self-support due to physical and mental disabilities, meeting the criteria for a helpless child prior to turning 18 years old. The Board finds in favor of the Veteran.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's service-connected disabilities (right leg residuals, left leg residuals, and back residuals) meet the percentage requirements for a TDIU rating and are shown as likely as not to prevent him from securing and following substantially gainful employment consistent with his education and industrial background.

The Board denied the appellant's claims for service connection for the cause of her husband's death, eligibility for Dependents' Educational Assistance benefits, and non-service connected death pension. The appellant's husband was not a veteran and did not have any service-connected disabilities at the time of his death.

The appellant requested a personal hearing before the Board, but failed to appear. The case is being remanded for scheduling a videoconference hearing and clarifying the nature of her appeal regarding each NSLI policy.

The Board has ordered the case to be remanded for additional development due to notification issues.

The Veteran's claim for service connection for a back disability was denied, and as the appeal was not pending at the time of his death, accrued benefits cannot be granted.

The Veteran's service-connected psychosis, NOS is not rated permanently and totally disabled. The appellant is therefore not eligible for Dependents' Educational Assistance (DEA) benefits.

The Board denied the appellant's claim for retroactive Department of Veterans Affairs Dependents' Educational Assistance (DEA) benefits under 38 U.S.C.A. Chapter 35 prior to August 20, 2008 due to lack of entitlement under the law.

The Board denied service connection for a tremor disorder, finding that the Veteran's condition did not clearly and unmistakably exist prior to his military service and was not aggravated by it. The case is now remanded for further development.

The Veteran's appeal is being remanded for further development, including obtaining Social Security Administration (SSA) records related to his disability benefits. The case will be readjudicated after the additional development.

The Veteran's request for an extension of the delimiting date beyond May 29, 2007 for education benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill) was denied as his application and request were not submitted within one year from when he could have resumed educational training or one year after his original delimiting date.

The Board has remanded the case for further development, including obtaining VA and private treatment records, scheduling a VA examination, and reviewing the claims file to determine if service connection can be granted for the Veteran's left lower extremity disorder.

The Veteran's claims for increased ratings for residuals of a splenectomy and post-operative residuals of dislocation of the right hip were denied. The highest possible schedular rating (30%) has been assigned, as these conditions are already at their maximum under applicable criteria.