Other conditions decisions — 2012

The Veteran's daughter, the appellant, was diagnosed with spina bifida occulta. The Board denied her claim for benefits under 38 U.S.C. § 1805 as she did not meet the qualifying disability criteria.

The Board denied the appellant's claims for recognition as a deceased service member's surviving spouse and found that his discharge was dishonorable, thus denying VA benefits.

The Board has remanded the case for additional development due to incomplete records and further review by the AOJ.

The Board has determined that the appellant is not eligible to be recognized as the Veteran's surviving spouse for purposes of establishing eligibility for DIC, death pension, and accrued benefits due to her remarriages.

The Veteran's appeal is being remanded for additional development of his service connection claim and TDIU claim, including obtaining his National Guard service treatment records and updated VA treatment notes.

The Board has remanded the case due to a need for additional information regarding the Veteran's child support payments and his financial status. The appellant's claim of entitlement to apportionment of the Veteran's nonservice-connected disability pension benefits in favor of H.T., a minor child, will be reconsidered.

The Veteran's eligibility termination date for Chapter 31 benefits was July 19, 2006; he does not have a serious employment handicap and there is no basis for extending the basic period of eligibility. Therefore, the Veteran is not entitled to an employment adjustment allowance.

The Board has reopened the claim for service connection for a dental disorder for treatment purposes due to new and material evidence submitted, including expert opinions linking GERD to enamel erosion.

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

The Veteran's surviving daughter filed a claim for accrued benefits based on her mother's special monthly pension. The Board denied the claim as she did not fit into any of the categories under which she could be eligible, and there was no evidence that she bore the expenses of her mother's last sickness or burial.

The Board finds that the Veteran's service-connected right fifth finger fracture has healed completely and is not manifested by any residuals, thus denying an increased rating for this condition.

The Board has determined that the Veteran's right eye vitreous hemorrhage residuals do not meet the criteria for a compensable evaluation based on either visual impairment or incapacitating episodes.

Your claim for service connection for residuals of a head injury, including memory loss, has been fully granted with the assignment of a 100% disability rating effective June 14, 2010.

The Board has determined that the appellant's unearned pension income from 2003 and a one-time payment in 2003 is countable income for purposes of calculating death pension benefits effective February 1, 2003.

The Board denied the Veteran's child's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, for a program of education pursued from September 2004 to January 2008 at Colonial High School due to lack of approval by the State Approving Agency.

The Veteran has been granted service connection for an undiagnosed illness manifested by a cluster of signs and symptoms including, but not limited to, sleep impairment, chronic fatigue/muscle fatigue, mild memory loss, loss of taste and loss of smell.

The Board found that the Veteran's visual disorder is a congenital defect and not considered a disease or injury under VA disability compensation purposes, thus denying service connection.

The Board has granted service connection for neck and upper back disorder, dizziness, and respiratory disorder (sinusitis) as secondary to the Veteran's service-connected temporomandibular joint dysfunction. The effective date is not specified.

The Veteran's service-connected residuals of a fracture of the left carponavicular joint are currently rated at 10 percent, which is the maximum rating allowed for limitation of motion of a nondominant wrist.

The Board has ordered a remand to obtain additional medical records and clarify the examiner's opinions regarding the etiology of the Veteran's neck disorder. The case will be returned for further adjudication.