Other conditions decisions — 2007

The appellant's recognized guerrilla service is not considered qualifying service for VA nonservice-connected pension benefits.

The Board has reopened the claim to establish legal entitlement to VA death benefits, but as the appellant's deceased spouse did not have recognized service in the U.S. Armed Forces, he is not a veteran and thus does not meet the threshold requirement for establishing eligibility for VA benefits.

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

The Board has determined that the veteran's systemic lupus erythematosus was not incurred or aggravated during active service and is not related to any in-service disease, injury, or exposure. As a result, the claim for service connection is denied.

The VA denied the veteran's claim for payment or reimbursement of medical expenses due to facial injuries and lacerations, as the emergency treatment was not necessary given that the wounds were not severe enough to warrant immediate attention.

The Board denied the appellant's claim of entitlement to service connection for the cause of the veteran's death, finding that new and material evidence had not been received since the previous denial in December 1967.

The Board has determined that the veteran's cause of death was not related to service or a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has granted a disability evaluation of 70 percent for service-connected dysthymia, the maximum schedular rating available.

The Board has granted an earlier effective date for the establishment of basic eligibility for DEA benefits, effective June 1986.

The veteran's service-connected duodenal ulcer disease with a history of upper gastrointestinal bleeding is productive of continuous moderate manifestations, warranting a 20 percent disability rating.

The Board has determined that the veteran's terminal cancer was not incurred in or aggravated by service, and may not be presumed to have had its inception during service or to have been caused by mustard gas exposure during service. As such, the claim for dependency and indemnity compensation based on the cause of the veteran's death is denied.

The Board found that the veteran's low back disability, diagnosed as a traumatic bulging disc at L5-S1, did not warrant an evaluation in excess of 20 percent prior to September 23, 2002. From September 23, 2002, a separate 20 percent evaluation was granted for orthopedic manifestations and a 10 percent evaluation for neurologic manifestations.

The Board found that the appellant's other than honorable discharge from service constituted a bar to VA compensation benefits.

The VA determined that the veteran does not have a separate disability of the lower extremities distinct from his service-connected left L5 radiculopathy and lumbar myositis, thus denying his claim for secondary service connection.

The VA has determined that the veteran's residuals of a gunshot wound to the right medial buttocks and right inguinal area do not warrant an increased disability rating beyond the current 10 percent assigned.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 due to a loss of eyesight in his left eye, finding that it was not caused by VA treatment and therefore did not meet the criteria for compensation.

The Board has remanded the case for further development due to new evidence submitted by the veteran.

The Board is remanding the case to the RO for issuance of VCAA notice that complies with Kent v. Nicholson, and for any additional development as indicated in the appellant's response.

The Board has determined that the veteran's back injury is not related to his military service and therefore denied his claim for service connection.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and DIC benefits, finding no evidence linking the cause of death to service or any compensable exposure to ionizing radiation.