Other conditions Board decisions

The Board has determined that further development is needed to verify the appellant's spouse's military service, and thus the case is being remanded for this purpose.

The appellant is not entitled to apportionment of the Veteran's VA benefits as a matter of law due to her divorce from the Veteran prior to filing the claim.

The Veteran's son has been diagnosed with hydrocephalus, which is not considered a form of spina bifida. The appellant's mother was not a Vietnam veteran, thus the claims for benefits under 38 U.S.C.A. § 1805 and § 1815 are denied.

The appellant's claim for accrued benefits totaling $4,224.00 due and payable to the deceased Veteran's widow pending an incompetency decision was denied by the Board of Veterans' Appeals.

The Veteran was granted a TDIU effective September 29, 2009. The Board found that an earlier effective date is not warranted because the evidence did not show he became unemployable due to service-connected disabilities within one year prior to his claim for increased disability rating.

The Board has remanded the case due to a need for additional development, including obtaining medical records and scheduling an examination. The Veteran's claim will be reconsidered after these actions.

The Veteran is granted basic eligibility for educational assistance under the post-9/11 GI Bill, but his claims for National Call to Service Program and Montgomery GI Bill benefits are denied.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional evidence, including a new VA examination.

The Veteran's current right hand disorders were not incurred in or aggravated by service, as there is no credible evidence of an in-service injury and the preponderance of the evidence shows that his current conditions are related to a previous fracture.

The Veteran seeks service connection for gastrointestinal disability, to include as a qualifying chronic disability under 38 C.F.R. � 3.317 due to his service in the Persian Gulf. The case is REMANDED for further development and consideration.

The Board denied the appellant's claim for educational assistance benefits under the Post-9/11 GI Bill at a 100% rate due to insufficient creditable service, ruling that he was only eligible for payment at the 50% and 60% rates.

The Board denied the appellant's claim for an extension of DEA benefits beyond July 31, 2005 due to his age at the time he elected the start date.

The Veteran's claim for payment or reimbursement of medical expenses incurred at a private facility from July 27-31, 2010 was denied in an April 2011 decision. The case is being remanded to the Albany VA Medical Center for further action.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a left leg disability. The Board also found that there is at least equipoise of evidence regarding whether the Veteran's current left peroneal nerve damage/disability is related to his in-service injury, thus granting service connection.

The Veteran's initial compensable rating for left pectoralis strain is granted at a 10 percent level.

The appellant's service with the Kansas Army National Guard is not qualifying for pension purposes, and thus basic eligibility for nonservice-connected pension benefits is denied.

The VA determined that the Veteran does not have current residuals of Valley Fever, and thus cannot establish service connection for a lung disorder.

The Board found that the Veteran's right shoulder disability was not caused by VA's failure to provide timely and adequate treatment, as his condition resulted from a pre-existing injury. The evidence did not show that VA failed to exercise the degree of skill and care ordinarily required in diagnosing and treating the condition.

The Board finds that the Veteran's left eye chorioretinitis was incurred in military service and grants service connection for this condition. The Board also found no evidence of a pre-existing disability, thus granting service connection for retinal atrophy as secondary to the contusion injury during active duty.

The Veteran does not experience any current disability due to restless leg syndrome that could be attributed to active service.