Other conditions decisions — 2008

The Board denied the veteran's claim of service connection for a left testicle disorder, finding that there was no evidence of a chronic condition during service or an applicable presumptive period. The absence of documented complaints and treatment for several years after military discharge precluded establishing continuity of post-service treatment.

The Board dismissed the appellant's claim for an earlier effective date for DIC benefits as her freestanding claim is not authorized by law due to a final decision in 1990 and there was no proper claim based on CUE.

The Board denied the veteran's claims for service connection for congestive heart failure and for evaluations of his right shoulder injury. The Board found that there was no evidence linking these conditions to active duty service.

The veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge of the Board.

The Board has determined that the case requires remand for further development and consideration of the appellant's claims, including service connection for cause of death and entitlement to accrued benefits and improved death pension benefits.

The Board dismissed the appeal because the appellant did not timely file a Substantive Appeal within the required time frame.

The Board has determined that the evidence is not in favor of service connection for numbness of the arms, jaw fracture, and related numbness. The claim will be remanded to allow further development.

The veteran's claim for a separate disability rating for polyuria is being remanded due to insufficient evidence and the need for further medical evaluation.

The Board has determined that the causes of death listed on the veteran's death certificate are not related to his military service or any of his service-connected disabilities.

The Board denied service connection for basal cell carcinoma of the right upper chest, finding no credible evidence linking it to exposure to ionizing radiation in service or within one year following discharge.

The case is being remanded to the RO for scheduling a hearing before a Veterans Law Judge of the Board, at the RO, in accordance with the appellant's current address. The appellant needs to take no further action until notified.

The Board found that the veteran's current lung disorder was not present during service and is not related to active duty service or any incident therein, including any in-service exposure to asbestos. As a result, the claim for service connection was denied.

The appellant's claim for educational assistance under Chapter 30, Title 38, United States Code was denied because he did not meet the basic eligibility requirements due to his Reserve service not meeting the required three continuous years of active duty.

The Board has decided to remand the claim for a bilateral eye disorder due to missing service medical records and the need for further development, including obtaining alternative forms of evidence and scheduling a VA examination.

The VA denied the veteran's claim for an initial evaluation in excess of 0 percent for avulsion fracture, base of left 3rd metacarpal.

The Board has dismissed the appeal as the appellant withdrew her claim for recognition as the veteran's surviving spouse for VA compensation purposes.

The veteran's separation pay is properly recouped from his VA disability compensation, as required by law.

The Board found that the veteran's discharge was due to willful and persistent misconduct, which constitutes a bar to VA benefits. The Board also determined that the veteran was not insane at the time of his offenses resulting in his discharge.

The Board has decided to remand the case due to insufficient evidence regarding the veteran's bilateral hand disability, and a neurological examination is required.

The veteran's unauthorized medical expenses incurred at Jackson County Memorial Hospital from January 30, 2004 to February 1, 2004 were denied as he did not meet the criteria for reimbursement under VA regulations.