Other conditions decisions — 2008

The veteran's appeal is denied as he has no legal entitlement to more than 12 months of educational assistance benefits under Chapter 30, Title 38, United States Code.

The veteran's initial ratings for his left and right foot disabilities have been denied as they do not meet the criteria for a higher rating than 10 percent.

The Board denied the appellant's claim for legal entitlement to death compensation benefits, finding that her deceased husband had no recognized service as a member of the Philippine Commonwealth Army and thus could not be considered a veteran for VA purposes.

The Board denied the appellant's claim for basic eligibility to VA non-service-connected pension benefits due to a lack of legal merit, as his service did not qualify him for such benefits.

The veteran's appeal is being returned to the RO for consideration of additional evidence submitted more than 90 days after his file was transferred to the Board. The case will be reconsidered and a supplemental statement of the case provided if necessary.

The Board denied the appellant's claim for VA benefits due to a lack of verified service in the United States Armed Forces.

The Board denied the veteran's claims for service connection for the cause of death and nonservice-connected death pension benefits due to a lack of evidence linking any current conditions, including rectal carcinoma, to his military service.

The Board found no evidence linking the veteran's cause of death to his military service, and denied the claim for service connection.

The Board has denied the veteran's request for an effective date earlier than December 3, 2001 for the grant of service connection for lichen simplex chronicus based on new and material evidence.

The veteran's income exceeded the maximum annual pension rate for pension benefits at the aid and attendance rate, thus denying his claim for pension.

The Board found that the veteran does not have a right elbow condition attributable to his active military service and denied his claim of service connection for a right elbow condition. The issue of an increased initial disability rating for hypertension is remanded.

The Board has remanded the case due to inadequate notice and new evidence may be submitted to reopen the claim of service connection for cause of death.

The Board denied the appellant's application to reopen her claim for VA death benefits due to lack of new and material evidence. The additional evidence presented was either redundant or cumulative.

The veteran's claim for non-service-connected pension benefits is denied as his service does not meet the threshold eligibility requirements.

The Board finds that the veteran's Legg-Perthe's disease pre-existed service and did not permanently increase in severity during his brief period of active duty from October to November 1970. Therefore, service connection for a left hip disorder is denied.

The Board has remanded the case for further development due to missing medical records.

The Board found that the veteran's current bilateral basal laminar disease of the eyes is not related to his service, and thus denied his claim for service connection.

The Board previously denied an increased rating for the veteran's left knee disability, but a new VA examination is needed to consider functional loss due to pain and whether a separate rating under DC 5003 is appropriate.

The veteran's claim for an increased rating for his service-connected chronic myofascial back pain syndrome was denied by the Board in November 2006. The case is now remanded due to several issues, including obtaining SSA records and providing VCAA notice.

The Board denied an increased rating for the veteran's service-connected chronic prostatitis, finding that his symptoms did not meet criteria warranting a higher disability rating.