Other conditions decisions — 2008

The Board found that the veteran's arthritis of both hands did not have onset during service or within one year of service and was not caused or aggravated by his active service. Therefore, service connection for arthritis of both hands is denied.

The Board found that the veteran's low back disability was not incurred in or aggravated by his active service and denied his claim.

The Board denied the veteran's claim for a waiver of recovery of overpayments of improved pension benefits, finding that the requirements were not met due to willful failure on his part to disclose a material fact (his spouse's Social Security income) with intent to obtain or retain eligibility for additional pension benefits.

The veteran is seeking service connection for injuries to his left leg and foot sustained during military service. The case has been remanded due to the need to obtain additional medical records and possibly conduct further development of the claim.

The Board dismissed the veteran's claim as he did not timely file a notice of disagreement regarding his eligibility for enrollment in the VA medical healthcare system.

The Board denied the veteran's claims for service connection for the cause of his death, as well as benefits under Chapter 35 and accrued benefits. The causes of death were bacterial endocarditis and Crohn's disease, neither of which are linked to service or presumed exposure to herbicides.

The Board has determined that the criteria for an effective date of July 31, 2002 for a 100 percent rating for service-connected prostate cancer have been met.

The Board granted a 20 percent evaluation for the veteran's service-connected umbilical hernia repair with rectus diastasis, effective September 16, 2004.

The Board has determined that the appellant's income is excessive for VA improved death pension benefits and has remanded the case to the RO for further action.

The Board found no evidence to support the veteran's claims for service connection for a stomach disorder, residuals of a shrapnel wound to the leg, residuals of a back injury, or skin rashes. The current conditions were not shown to be related to his military service.

The veteran's disability rating for his gunshot wound of the right chest, status post pneumothorax with retained metallic fragment is increased to 100 percent.

The Board denied an earlier effective date for the award of Dependency and Indemnity Compensation (DIC) benefits, finding that October 29, 2004 is the appropriate effective date based on the date of receipt of the formal application.

The veteran's daughter, M.J.L., is in active service as a midshipman candidate at a federally supported school (NAPS) and wholly supported by the Federal Government. The Board denied additional compensation for her attendance at NAPS.

The Board has determined that the veteran's gout is service-connected, as it was found to be a direct result of his in-service foot pain.

The Board found no evidence of a respiratory disorder during service and denied the veteran's claim for service connection.

The veteran's alcoholism and polysubstance abuse were not incurred in the line of duty, and therefore service connection is denied.

The veteran's appeal for an initial compensable disability rating for residuals of right ear tympanic membrane perforation is denied. The claim for a 10 percent disability rating based on multiple, noncompensable service-connected disabilities under the provisions of 38 C.F.R. § 3.324 is also denied.

The veteran's request for retroactive payment of educational assistance benefits for coursework at University of Maryland University College (UMUC Asia) from August 2003 to May 2004 was denied as her application was received more than one year after the coursework began.

The Board found that the veteran's multiple myeloma and compression fractures at T-7, T-10 and L-5 were not incurred or aggravated during his active duty service. The decision concluded that these conditions are best characterized as a direct result of his INACDUTRA period in August 2004.

The Board denied the claim for service connection for the cause of the veteran's death, finding that the underlying condition (CML) could not be presumed to have been caused by exposure to herbicides in service and was not otherwise related to service.