Other conditions decisions — 2008

The Board has determined that the veteran's OCD, which is manifested by occupational and social impairment with deficiencies in most areas such as work, family relations, and mood but not total occupational and social impairment, warrants a disability evaluation of 70 percent.

The veteran's Huntington's disease was not incurred in or aggravated by active duty, and the Board has determined that service connection is not warranted.

The Board dismissed the appeal because a timely substantive appeal was not received regarding the denial of service connection for cancer of the maxilla.

The Board has granted a 20 percent rating for the veteran's service-connected residuals of fractures, left index and long fingers. Additionally, a separate 10 percent rating is assigned for traumatic neuropathy of the left hand.

The Board denied service connection for congenital hemiarthropathy and left facial palsy, finding that the conditions preexisted service. The claim to reopen a previously denied curvature of the spine was also denied due to lack of aggravation in service.

The Board found that the veteran's premature ventricular contractions existed prior to service and did not increase in severity during his military service. The condition was considered a benign condition with no evidence of structural heart defects or association with ischemic heart disease.

The veteran has been granted service connection for pleural plaques due to asbestos exposure during military service.

The Board denied the appellant's petition to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted.

The Board found that the appellant's other than honorable service discharge is not a total bar to VA compensation benefits, as it was based on acceptance of an OTH condition discharge for the good of the service and not willful and persistent misconduct. The Board concluded that this does not constitute a bar under 38 C.F.R. § 3.12.

The Board denied compensation under 38 U.S.C. § 1151 for the veteran's post-surgical residuals, finding that they were not caused by VA fault.

The Board found that the veteran's current herniated disc did not manifest during or as a result of his military service and denied his claim for service connection.

The veteran's right Achilles tendon repair and tendonitis are rated at 30 percent effective April 10, 2007.

The Board has determined that the veteran's upper jaw/dental injury is not service-connected and therefore, his claim for service connection was denied.

The veteran's dysthymic disorder was initially evaluated as 10 percent disabling prior to August 3, 2006. From August 3, 2006, to December 19, 2007, the disability was rated at 50 percent based on significant impairment in social and occupational functioning.

The Board has dismissed the appeal as the appellant did not file a timely substantive appeal regarding the May 2004 rating decision denying service connection for the cause of the veteran's death.

The case is being remanded for additional development to ensure compliance with the requirements of the VCAA.

The Board has determined that the veteran's current right hand disability is not related to his service and therefore denied his claim for service connection.

The appellant's annual income exceeded the maximum allowable for nonservice-connected death pension benefits, resulting in a denial of her claim.

The veteran's claim for an increased evaluation for his service-connected prostatic hypertrophy is being remanded due to the need for additional development, including a VA examination and notification of VCAA requirements.

The Board has determined that there is no evidence linking the veteran's current moderate airway restrictive disease to his service, and thus denied the claim for service connection.