Other conditions Board decisions

The Veteran withdrew her appeal for TDIU benefits prior to the Board's decision.

The Veteran's daughter, M.J.J., was not shown to be permanently incapable of self-support prior to the age of 18 due to Down's syndrome. The Board denied the claim for helpless child benefits.

The Veteran's daughter, M, who was born after his service in Vietnam and diagnosed with spina bifida (not spina bifida occulta), is eligible for a monetary allowance under 38 U.S.C.A. § 1805.

The appellant's claim for increased benefits under 38 U.S.C.A. � 1805 for her child born with spina bifida is being remanded due to the need for additional medical examination and development of records.

The Veteran's appeal is remanded due to the need for a VA examination and consideration of his total disability rating for compensation based on individual unemployability (TDIU).

The Board has determined that the Veteran's service connection claim for residuals of a right hip injury is granted, as there is evidence of an in-service injury and current manifestations.

The Board has remanded the case due to inconclusive opinions regarding the diagnosis, primary cite, and origins of a malignant tumor surgically resected from the Veteran's left posterior neck in mid-July 2002. The case must be returned for further development including obtaining a sample of the malignant tumor and reviewing VA or private treatment records.

The Board dismissed the appeal due to the death of the appellant, and there is no jurisdiction to adjudicate the merits of this claim.

The Board finds that squamous cell carcinoma, a condition not associated with herbicide exposure such as Agent Orange, was not incurred in or aggravated by active service and may not be presumed to have been incurred in service.

The Veteran's spondylolisthesis at L5-S1, status post laminectomy and fusion has been manifested by chronic low back pain, moderate limitation of motion (at worst, forward flexion was to 50 degrees), and X-ray findings of degenerative disc and joint disease. The evidence does not show severe impairment or incapacitating episodes having a total duration of at least four weeks during a 12-month period.

The Board has found no current diagnosis of a bilateral thigh disorder and the Veteran's assertions regarding continuity of symptoms since service are not credible. Therefore, the claim for service connection for residuals of a bilateral thigh injury is denied.

The Board has remanded the case for further development, including verification of whether appellant's spouse's court-martial was a general court-martial and if so, what character of discharge should be considered.

The Board has determined that the appellant meets the criteria for recognition as the Veteran's surviving spouse, allowing her to proceed with claims for DIC, death pension, and accrued benefits.

The Board has reopened the Veteran's claims of entitlement to service connection for hyperlipidemia, hepatic steatosis, and status-post lyses adhesions secondary to infant pyloromyoplasty. However, the evidence does not establish a direct link between these conditions and his military service.

The Veteran's service-connected disabilities meet the schedular eligibility requirements for TDIU and prevent him from obtaining or retaining substantially gainful employment.

The Board found that the Veteran's skin disorder, diagnosed as intertrigo, did not manifest during service and is not related to his military service. The claim for service connection was denied.

The Board has remanded the case for further development, including obtaining VA treatment records and providing a medical examination to determine the nature and etiology of any skin disorder or symptoms.

The Veteran withdrew his appeal regarding the issue of entitlement to a total rating based on individual unemployability due to service-connected disability. As a result, the case is dismissed.

The Veteran's claims for service connection are being remanded due to incomplete VA treatment records and the need to provide proper VCAA notice.

The Board found that the Veteran's claimed residuals of a head injury, including dizziness and cognitive disorder, are not shown to be causally or etiologically related to any disease, injury, or incident during service.