Other conditions decisions — 2005

The Board has granted service connection for the veteran's residuals of amputation of the left thumb, finding that his explanation regarding the cause of the injury is credible and granting the benefit of the doubt to him.

The Board has determined that additional development is necessary prior to completion of its appellate review in this case. The veteran's claim on appeal will be remanded for further action.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The veteran's eligibility for educational assistance benefits under Chapter 34 or Chapter 30, Title 38, United States Code is denied due to the law precluding such eligibility based on his commission as an officer through the ROTC program and entering active duty before October 1, 1996.

The Board has determined that the veteran's death may be related to his enterocutaneous fistula, which was a service-connected disability. The case is being remanded for further development and consideration.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the relationship between the veteran's diagnosed conditions and his in-service exposure to herbicides and/or benzene.

The Board has remanded the case for further development and compliance with VCAA requirements, including notification of information or evidence necessary to substantiate the claim.

The case is being remanded for additional development, including obtaining in-patient clinical records and arranging for an examination to determine if the veteran's symptoms are related to his pilonidal cyst.

The Board found that the veteran's service-connected disability did not cause or contribute substantially to his death. The medical evidence showed no significant increase in function despite continued treatment and atrophy of muscles.

The veteran's request for waiver of overpayment of compensation benefits was not timely filed, as it came in December 2001, which is more than 180 days after the September 2000 notice letter. The Board denied the claim due to lack of timeliness.

The Board denied an apportionment of the veteran's service-connected disability compensation benefits to the appellant on behalf of her minor son due to the veteran reasonably discharging his child support responsibilities.

The veteran's service does not meet the threshold criteria for basic eligibility for nonservice-connected pension benefits as he did not serve in active military, naval or air service during a period of war. The claim is denied.

The Board has determined that the veteran's current right ankle disability, manifested by degenerative joint disease, is due to a service-incurred injury and grants his claim for service connection.

The Board has determined that the appellant is not entitled to recognition as the veteran's widow for purposes of VA benefits due to a lack of evidence of a valid common-law marriage at the time of the veteran's death.