Other conditions decisions — 2008

The Board has determined that the veteran's current myelodysplastic syndrome is directly related to his exposure to ionizing radiation during service, and thus grants service connection for this condition.

The Board found that new and material evidence had not been received since the July 1976 decision regarding forfeiture of VA benefits, thus denying the veteran's claim to reopen.

The Board found that the appellant's discharge was dishonorable due to his conviction for dereliction of duty, unlawful entry, and indecent assault. As a result, he is not entitled to VA benefits.

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

The veteran died as a result of service-connected causes and was buried in a private cemetery. The VA has already paid $2,000 for burial benefits due to his service-connected status. The appellant's request for additional burial expenses is denied because the maximum allowable amount under law is $2,000.

The Board has determined that the veteran's skin condition, which is diagnosed as erythrasma, was not incurred in or aggravated by service and is not related to herbicide exposure in Vietnam. As a result, the claim for service connection is denied.

The veteran's service is not considered active duty during a period of war, and therefore does not meet the requirements for nonservice-connected disability pension.

The Board finds that the appellant is not the surviving spouse of the veteran for VA purposes and therefore cannot be considered eligible for DIC, death pension, or accrued benefits.

The veteran's residuals of a right hand injury are characterized by traumatic arthritis, chronic pain, and swelling, with limitation of motion of the index, middle, ring, and little fingers. The Board has determined that the criteria for a 40 percent initial disability evaluation have been met.

The Board has determined that the veteran's acquired bilateral flatfoot does not meet or approximate the criteria for a higher rating, and therefore denied his claim.

The appeal is remanded due to additional information submitted by the appellant regarding the financial needs of their minor children. The RO must readjudicate the issue and consider this new evidence before making a decision.

The Board denied the veteran's claim for basic eligibility for educational assistance under Chapter 32, Title 38, United States Code (Post-Vietnam Era Veterans' Educational Assistance Program) due to a lack of contributions made towards the program.

The Board has remanded the case for additional development, including obtaining operational reports and ensuring proper VCAA notice. The issues of service connection for the cause of the veteran's death and entitlement to non-service connected burial benefits are being addressed.

The veteran did not serve during a period of war, thus denying the claim for nonservice-connected death pension.

The Board has granted the veteran's claim for reimbursement of unauthorized medical expenses incurred on July 29, 2004 at Comanche County Memorial Hospital.

The Board has reopened the veteran's claim of service connection for residuals of pericarditis and pleuritis. However, the evidence does not support a finding that these conditions are related to his active service.

The Board denied an increased rating for the veteran's right knee disability, finding that the evidence did not show limitation of motion or instability warranting a higher rating.

The Board found that the veteran's sterility was not caused by VA treatment, and even if it was, the proximate cause of the additional disability was not due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault. The event was also reasonably foreseeable.

The Board denied the veteran's claim for service connection for genital herpes, finding no current medical evidence showing the condition.

The Board has determined that the veteran's rectal fissures/fistulae are reasonably related to his active service and grants service connection for this condition.