Other conditions Board decisions

The Veteran's TDIU was granted effective September 21, 2001 due to his service-connected chronic urinary stone disability. The effective date is the earliest possible effective date for that increased rating.

The Veteran's service does not meet the threshold criteria for basic eligibility for nonservice-connected pension benefits, and his claim is denied.

The Board found that the Veteran's grandson is not legally recognized as a minor child for dependency benefits purposes due to lack of adoption, and thus denied the claim.

The Veteran's appeal is being remanded for additional development, including obtaining relevant medical records and scheduling a VA examination to assess the current severity of his service-connected urge incontinence.

The Board has reopened the appellant's claim based on new evidence showing he may have been insane at the time of his offenses, allowing him to seek VA benefits despite his other than honorable discharge.

The Veteran seeks service connection for visual impairment and compensation under the provisions of 38 U.S.C.A. § 1151 for visual impairment as the result of surgery performed by VA in September 1999. The case is being remanded to obtain additional medical records, including consent forms and progress notes from the trabeculectomy procedure.

The Veteran is seeking an increased rating for his service-connected heart condition, which has been rated as 30 percent disabling. The Board has determined that additional development of the record is needed before a final decision can be made.

The Veteran is not eligible for educational assistance benefits under Chapter 30 or Chapter 34 due to a lack of continuous active service during the applicable timeframe.

The Veteran's cause of death was due to a gastrointestinal bleed caused by pancreatic and biliary cancer, which the VA medical expert opined may have been aggravated by liver fluke exposure in Vietnam.

The Board determined that the appellant did not have qualifying service with the United States Armed Forces and therefore does not meet the criteria for legal entitlement to VA benefits.

The Veteran's claim for an increased rating for her service-connected lumbago is being remanded for further development, including a new VA examination and consideration of the issue of entitlement to TDIU. The case will be returned to the Board after all appropriate development has been completed.

The case is being remanded for scheduling a Travel Board hearing at the earliest available opportunity. The appellant will be notified of the date and time of the hearing.

The Board has determined that the appellant may need to be recognized as the surviving spouse of the Veteran for VA benefits purposes, including death pension and dependency and indemnity compensation (DIC) benefits. However, this determination is contingent on further investigation into the separation between the appellant and the Veteran at the time of his death in January 1974, as well as her subsequent marriage to W.D.

The Board has determined that the Veteran's right foot disability, including cellulitis and arthritis, was not incurred in or aggravated by service. The claim is therefore denied.

The Veteran's lung disability is being remanded for further development, including a VA examination to determine the nature and etiology of any current lung disability. The appeal will be reconsidered based on the additional evidence.

The Board has remanded the case for additional examinations and consideration of the Veteran's claims, including his TDIU claim.

The Board has determined that the submitted evidence is not new and material, thus denying the request to reopen the claim for service connection for loss of terminal phalanx, left thumb.

The Veteran's claim for an effective date prior to February 3, 2007 for a 60 percent disability rating for bladder incontinence was granted. The effective date is set at the date of the VA examination on February 3, 2007.

The Veteran's death was not service-connected, and the appellant is not a qualifying child for VA benefits. The Board finds that the appellant is not entitled to accrued benefits or death benefits.

The Veteran's appeal to revert educational benefits awarded under the Post-9/11 GI Bill program back to the MGIB program is denied as the criteria are not met.