Other conditions decisions — 2007

The Board denied the veteran's request for reimbursement of educational assistance benefits due to her failure to file a claim within one year of taking the examinations, as required by VA regulations.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for a skin rash. The veteran's current skin disorder is consistent with chloracne, which he alleges was caused by in-service exposure to herbicides. However, no such records have been provided.

The veteran's appeal is denied as they do not meet the criteria for basic eligibility for educational assistance under Chapter 30, Title 38, United States Code.

The Board has determined that new and material evidence has been submitted to reopen the claim regarding the character of the appellant's discharge from service. However, the character of the appellant's discharge between December 1986 and May 1989 is considered a bar to VA benefits.

The Board denied service connection for the cause of death due to transitional cell carcinoma and signet ring cell carcinoma, as these conditions were not incurred in or aggravated by service. The veteran's surviving spouse was also denied eligibility for DEA benefits under Chapter 35 because he did not have a pending claim at the time of his death.

The veteran's claim for service connection for treatment purposes of his teeth numbers 8, 9, 10, 11, 13, 14, 18, 19, 20, 30, and 31 is denied as the dental conditions were not linked to any in-service trauma.

The veteran's service connection claim for non-Hodgkin's lymphoma was denied as there is no evidence of exposure to herbicides, including Agent Orange, during his military service.

The Board has determined that the veteran's pulmonary fibrosis is related to service, including his exposure to asbestos during military service.

The veteran's current visual impairment in the right eye is secondary to a detached retina that occurred during service when she was kicked in her eye. The Board has determined this meets the criteria for service connection.

The veteran's claim for an increased rating for his right 5th finger fracture is denied as the maximum disability rating of 10 percent has been assigned. The issue of entitlement to TDIU remains pending.

The Board found that the veteran's pre-existing back disability existed prior to service and was not aggravated during service. Therefore, the presumption of soundness at entry into service is rebutted.

The VA has determined that the veteran's PTSD does not warrant an increased disability rating beyond the current 30 percent.

The Board finds that the veteran's service-connected status post gunshot wound to the right calf and neurological impairment of the right lower extremity warrant a 10 percent evaluation each, with no higher evaluations granted.

The Board found that the veteran does not have an innocently acquired psychiatric disability, including PTSD or psychosis, due to disease or injury incurred in service. The claim was denied.

The Board denied the appellant's application for VA death benefits as her late husband did not have valid military service in the Armed Forces of the United States.

The Board found that the apportionment paid for child support was appropriate and denied reimbursement of any payments made by VA.

The Board found that the appellant's service was otherwise honest, faithful and meritorious despite his periods of AWOL. The Board concluded that there were compelling circumstances for each period of AWOL and thus constituted minor offenses. Therefore, the character of the appellant's discharge from military service does not constitute a bar to VA benefits.

The Board has denied the veteran's claims for service connection for throat cancer, nasal cancer, basal cell cancer, cancer of the saliva gland, and Hodgkin's disease, all claimed as due to exposure to radiation. The evidence does not support a finding that these conditions are related to service.

The Board found that the veteran's nerve damage to his right thigh was not caused by VA negligence or fault, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board found that the veteran did not have service in Vietnam and there was no evidence of herbicide exposure. The cause of death, abdominal lymphoma, is not presumed to be related to his military service.