Other conditions Board decisions

The Board finds that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for fatigue. However, the preponderance of the evidence is against a finding that any current disorder manifested by fatigue is related to service.

The Veteran's service connection for stuttering is granted, and his initial rating claim for residuals of fracture of the left 4th toe distal phalanx with scar remains pending.

The Veteran's appeal for retroactive payment of dependency benefits for his daughter from August 2004 to January 2006 was denied as the claim was not filed within one year of her 18th birthday.,The Veteran's appeal for an earlier effective date for additional compensation for his wife was also denied, as no evidence was provided that VA was made aware of his marriage prior to March 5, 2008.

The Board found that an effective date earlier than May 7, 2007 for the assignment of a 20 percent disability rating for the Veteran's service-connected left heel spur condition is not warranted as there was no factual ascertainable increase in disability within one year prior to May 7, 2007.

The Veteran's cognitive disability is not presumed to be related to service exposure, but the VA examiner found no evidence of a direct relationship. The case is remanded for further examination and opinion regarding whether the disability is caused by or aggravated by any service-connected conditions.

The Veteran's claim for service connection for bilateral shin splints is being remanded due to the need to obtain additional records and evidence.

The Board has remanded the case for additional development, including obtaining updated medical records and scheduling a VA examination to determine the etiology of any current lower leg or foot disability. The Veteran's claim will be re-adjudicated after this development.

The Board has decided to remand the claim for further development due to incomplete service records and need for additional medical opinion regarding the etiology of the Veteran's bilateral hammertoes.

The Board has determined that the appellant's character of discharge from service is not dishonorable and therefore, it is not a bar to VA benefits (other than medical treatment).

The appellant's initial application for DEA benefits was received after the delimiting date of March 12, 2006. As her eligibility period ended on that date and she did not file a claim to extend it within one year, her claim is denied.

The Veteran's death pension and DIC claims under 38 U.S.C.A. § 1318 were denied as there was no legal basis for the claims, given that hypothetical entitlement is not a viable basis for establishing benefits under either section.

The Veteran's basic eligibility for nonservice-connected pension benefits has been denied due to his incarceration.

The Veteran's pension benefits were increased from the housebound rate to the aid and attendance rate effective October 25, 2007. The appellant is seeking an earlier effective date for pension benefits.

The Board denied the reduction of the Veteran's VA nonservice-connected pension benefits based on receipt of SSA benefits, finding that the PMC was correct in reducing his award.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her annualized countable income exceeding the maximum annual income limit.

The Veteran's macular degeneration of the left eye has not resulted in any visual impairment or incapacitating episodes, and therefore does not meet the criteria for a compensable rating.

The Board has determined that the decision to provide a particular exercise therapy device is not an adjudicative matter and thus beyond its jurisdiction, leading to the dismissal of the appeal.

The Veteran's claim for a Government-furnished memorial headstone or marker was denied as he died prior to November 1, 1990 and is buried in a private cemetery with a privately-purchased grave marker.

The Veteran's claims for increased ratings for bilateral foot disabilities were denied as his conditions did not meet the criteria for higher evaluations.

The Board found that the overpayment of disability compensation benefits in the amount of $5,875.00 was validly created due to the Veteran's failure to notify VA of his divorce and continued receipt of benefits despite being divorced. The Board also determined that recovery of this overpayment would not result in undue financial hardship for the Veteran and did not defeat the purpose of the benefits. Therefore, waiver of recovery was denied.