Other conditions decisions — 2013

The Veteran's back disability, including his diagnosed spondylolisthesis and spina bifida occulta, is not service-connected as it did not manifest during active duty or due to an in-service injury. The Board finds that the pre-existing conditions were not aggravated by service.

The Veteran's active duty service from May 28, 2003 through May 28, 2008 was not considered 'active duty' for the purpose of calculating Chapter 33 education benefits due to a five-year active duty service obligation incurred as a result of attending the United States Air Force Academy. The Veteran's claim is denied.

The Board has reopened the claim of entitlement to service connection for hernia and is granting it. The Veteran's testimony indicates he experienced symptoms during service, and VA records show current diagnoses of umbilical and hiatal hernia.

The Veteran does not have a current diagnosis of malaria or its residuals, and thus service connection is denied.

The Board has determined that the Veteran's lupus, including skin rash, fatigue, swollen joints and digestive problems, is at least as likely as not related to his military service. The other issues on appeal have been withdrawn by the Veteran.

The Veteran's gynecological and migraine headache claims are being remanded for additional development as the evidence is insufficient to decide these issues.

The Veteran's claim for compensation under 38 U.S.C.A. � 1151 is being remanded due to the need for additional examination and review of records, including SSA and VA treatment records.

The Board has determined that additional financial information is needed from both the appellant and the Veteran to properly assess their eligibility for an increased rate of apportionment. The case will be remanded for this purpose.

The Board has determined that the Veteran's right testicle disability, specifically his diagnosed condition of right testicular atrophy, was not incurred in or caused by his period of military service.

The appellant is not considered a surviving spouse for the purposes of receiving benefits under 38 U.S.C. § 1311 because she remarried before reaching the age of 57 after her husband's death.

The Board has determined that the Veteran's Army Reserve service from August 5, 2002 to May 25, 2003 is deemed active duty for purposes of the Post-9/11 GI Bill and grants his claim.

The Veteran's appeal is remanded for scheduling a hearing before the Board of Veterans' Appeals.

The Veteran's claim for nonservice-connected pension and special monthly pension based on the need for regular aid and attendance or housebound status is being remanded due to incomplete income verification forms. The Veteran must provide updated information regarding his annual income and any unreimbursed medical expenses.

The Board has remanded the claims for additional development due to insufficient medical nexus opinions regarding the etiology of the Veteran's respiratory and eye disabilities. The Veteran is entitled to service connection for tinnitus, as it is related to combat noise trauma.

The Veteran's appeal has been withdrawn by the appellant prior to a decision being made.

The Board has determined that a VA examination is needed to determine the nature and likely etiology of any current back disability, including whether it existed prior to service or was aggravated by service. The Veteran's claim for service connection will be remanded for further development.

The Veteran's claim for service connection for malaria was denied as there is no evidence of a current disability or in-service diagnosis.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to assess his dental trauma residuals.

The Veteran seeks service connection for restless leg syndrome, claimed as periodic limb movement disorder. The case is REMANDED to provide a VA examination to determine the nature and etiology of her condition.

The appellant wishes to withdraw his appeal regarding the claim of service connection for pulmonary fibrosis, which was previously decided by the RO in March 2011. The Board has dismissed this matter as a result.