Other conditions Board decisions

The Board has determined that the appellant's claim for an earlier effective date for the grant of permanent incapacity for self-support as a helpless child for S.L.H. cannot be granted, as no formal or informal claim was received within one year of her 18th birthday.

The Veteran's apportionment claim is being remanded for additional development, including verifying the Veteran's current address and incarceration details, obtaining updated financial information from both parties, and ensuring compliance with procedural requirements.

The Board has remanded the case due to additional evidence received and a need for a VA examination.

The Board has denied the appellant's claims for service connection for pediculosis pubis and a skin disorder, reopening one claim but denying both.

The Board has remanded the case for additional development, including obtaining updated medical records and scheduling VA examinations to evaluate the Veteran's service-connected disabilities. The claims will be readjudicated after all requested development is completed.

The Veteran's claims for increased evaluations for his left and right foot disorders have been denied as they do not meet the criteria for a higher evaluation under applicable rating criteria.,The Veteran was previously denied service connection for a lumbar spine disability in September 2007, with no new evidence submitted to reopen this claim.

The Board has remanded the case due to insufficient information regarding the Veteran's academic performance and eligibility for vocational rehabilitation training benefits under Chapter 31. The AOJ is instructed to obtain copies of the Veteran's college coursework from the summer 2008 session (and any subsequent semesters) completed in connection with his VA plan, readjudicate the issue, and return it to the Board if necessary.

The Board has remanded the case due to issues related to service connection for the cause of the Veteran's death, and additional development is needed as per Hupp v. Nicholson.

The Veteran's appeal is being remanded due to his request for a Travel Board hearing. The service connection issue remains pending and will be addressed after the scheduled hearing.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's claimed dental condition, including whether it was incurred or aggravated in line of duty during active service.

The Veteran's disability, including esophageal perforation and gastrointestinal infection, was caused by VA surgical treatment in November 2007. The complications were not reasonably foreseeable, warranting compensation under 38 U.S.C.A. § 1151.

The Board denied compensation under the provisions of 38 U.S.C.A. § 1151 for loss of the right leg due to medical treatment received at VA Medical Center in Jackson, Mississippi in October 2006, finding that amputation was not caused by or proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA.

The Veteran does not meet the basic eligibility requirements for non-service-connected pension benefits due to insufficient service and lack of a service-connected disability.

The Board found that the Veteran's current right tibia/fibula disability, including tendinitis, did not result from service and denied his claim.

The Veteran's hiatal hernia disability is productive of severe impairment of health, warranting a 60 percent evaluation. The Board has also determined that the Veteran's rectal disability (claimed as hemorrhoids) is secondary to his service-connected hiatal hernia.

The appellant's father served in Vietnam and is presumed to have been exposed to herbicides. However, the appellant does not have spina bifida, which is a qualifying birth defect for benefits under 38 U.S.C. Chapter 18. Therefore, there is no legal entitlement to benefits.

The Veteran's lymphatic system disability, specifically chronic lymphocytic leukemia/small cell lymphocytic lymphoma, is not related to in-service radiation exposure or otherwise related to a disease or injury in service. Therefore, the claim for service connection is denied.

The Veteran's service-connected pulmonary embolism is currently rated at 60 percent, and the Board finds that this rating adequately reflects her disability picture.

The Board has determined that the Veteran's income exceeds the maximum annual pension rate for a Veteran without spouse or child, and thus he is not eligible for nonservice-connected pension benefits.

The Veteran's claims for increased evaluations for his right knee and foot disabilities were denied as the evidence did not show that they warranted a rating higher than 10 percent.