Other conditions Board decisions

The Board has ordered the case to be remanded for additional development, including sending proper notice regarding new and material evidence requirements and addressing whether new and material evidence has been received to reopen the appellant's previously denied claim.

The Board has found new and material evidence to reopen the claim for service connection for spondylolisthesis, L5-S1 with spina bifida. However, the weight of medical evidence is against a finding that the veteran's current back disability was related to his active service.

The veteran's temporomandibular malfunction secondary to neuritis and dislocation is currently rated at 30 percent, which is the maximum rating available under Diagnostic Code 9905. The disability does not meet or approximate criteria for a higher evaluation.

The veteran's income exceeded the maximum annual pension limits for nonservice-connected pension benefits, as determined by law. Therefore, his claim is denied.

The Board dismissed the appeal due to the appellant's death.

The Board denied the veteran's claim for service connection for a peptic ulcer, finding that there was no evidence of an in-service onset or relationship to service. The veteran's claim for nonservice connected disability pension is remanded due to failure to issue a Statement of the Case.

The Board is remanding the case for further development, including adjudicating a claim of service connection for the cause of the veteran's death and considering whether DEA benefits are eligible based on exposure to Agent Orange. The appellant must be given an opportunity to make arguments regarding these issues.

The Board found that the effective date of removing the veteran's dependent spouse from his pension award was proper, based on the law and not evidence.

The veteran's claim for service connection for a right front tooth disability for dental treatment purposes was denied prior to August 9, 2007. From that date, the claim is granted as he has been receiving a total disability rating based on individual unemployability (TDIU).

The veteran's application for reimbursement of $144.00 for tests taken on July 19, 2003 was denied as the request was received more than one year after the tests were taken.

The veteran's daughter is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38 of the United States Code because she had already reached her 26th birthday prior to the veteran's death.

The veteran's application for educational assistance benefits was received by the RO on May 8, 2006. The VA can pay the appellant's educational benefit starting May 8, 2005, because his claim for such benefits was received more than one year after his enrollment began.

The appellant does not have the requisite service to qualify for VA nonservice-connected disability pension benefits.

The veteran's claim for an extension of his educational assistance benefits under Chapter 30 beyond February 21, 2004 is denied as there is no medical evidence showing that he was prevented from attending school due to a disability.

The veteran's claim for service connection for a dental disorder is denied as there is no evidence of loss of substance of the body of the maxilla or mandible, and he does not have any of the other listed dental disorders. The Board finds that service connection for dental trauma is not warranted.

The Board has decided to remand the case for scheduling a Travel Board hearing at the RO. The appellant was not notified of the scheduled hearing due to an incorrect address, and he is currently incarcerated.

The Board found that the veteran's L5-S1 spondylolisthesis and bilateral corns of the feet were not incurred or aggravated by active service, as there was no evidence showing such conditions during his military service. The Board concluded that the veteran did not provide credible evidence to establish continuity of symptoms since service.

The Board has determined that the veteran's thromboangiitis obliterans (Buerger's disease) is not related to his active military service, including any exposure to herbicide agents. Therefore, the claim for service connection is denied.

The veteran's muscle group XX injury residuals due to a right lumbar shrapnel fragment wound are not manifested by a moderately severe injury, and the claim for an increased rating is denied.

The Board has decided that the VA Medical Center's decision denying payment or reimbursement for unauthorized private medical expenses is inadequate and requires further review with additional evidence.