Other conditions Board decisions

The Veteran is a Vietnam veteran and the appellant, who was born with spina bifida, meets the criteria for benefits under 38 U.S.C.A. § 1805.

The Board found that the Veteran's current acquired respiratory disability was not incurred in or aggravated by his active military service and denied his claim.

The Veteran's right great toe bunion has been evaluated as noncompensable (0%) under the VA rating schedule. The disability is characterized by pain or tenderness, especially when wearing tight shoes, but does not meet the criteria for a compensable rating.

The Board has decided to remand the apportionment claim for further development and consideration, including obtaining additional information from both parties regarding financial matters and dates of incarceration.

The Board found that the Veteran's tardive dyskinesia and muscle spasms were not caused by VA treatment, but rather resulted from his pre-existing schizophrenia.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the Veteran for VA benefit purposes due to her having been legally divorced from the Veteran at the time of his death.

The Veteran's claim for an increased evaluation for her service-connected right patellar tendonitis is being remanded due to the need for a more contemporaneous VA examination.

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. � 1151 for nerve damage and chin atrophy claimed as due to wisdom teeth extraction and bone extraction surgery. The Board has determined that a VA examination is necessary to determine if any current nerve damage was caused by the December 20, 2007 dental surgery or post-operative care.

The Veteran's claim for waiver of overpayment was denied due to a failure to file the application within 180 days. However, new evidence has been submitted suggesting that the Veteran did not receive timely notification and thus may have filed the application in a timely manner.

The Board has remanded the case due to errors in VCAA notice and incomplete development. The Veteran's claim for service connection on a direct basis is being reconsidered.

The Veteran died of a malignant glomus tumor, which is presumed to have been caused by his exposure to herbicides in service. The Board finds that the evidence supports this presumption and grants service connection for the cause of death.

The Veteran's claim for service connection for a condition of the lungs and breathing, other than calcification of the lungs is remanded due to insufficient development. The VA will schedule an examination and request additional medical records.

The Veteran's appeal is remanded due to the need for further development regarding the validity of the overpayment and whether a waiver of recovery is warranted.

The Board has denied service connection for a right ear tumor and remanded the issue of service connection for colon cancer. The case is being returned to the RO/AMC for further development, including consideration of an advisory medical opinion.

The Veteran's left knee disability, characterized by limitation of flexion and pain on motion, is currently rated at 10 percent. The Board found that the evidence did not support a higher rating.

The Board determined that metabolic syndrome, which the Veteran has been diagnosed with, does not constitute a disease or disability for VA compensation purposes and therefore cannot be service-connected.

The Board found that the Veteran's current neck disorder is not related to his military service, and thus denied his claim for service connection.

The Veteran's apportionment was denied for the period from September 13, 2002 to July 31, 2003 due to the appellant retaining legal custody of her child during this time.

The Board has determined that the claim should be remanded to obtain a more complete medical opinion regarding the etiology of the appellant's bilateral foot disorders and whether they are related to his military service.

The Board has determined that the Veteran's current bilateral chondromalacia patella is related to an injury she sustained during active duty for training in June 1995, and thus service connection is granted.