Other conditions decisions — 2008

The Board found that the appellant's character of service is a bar to VA benefits due to his unauthorized absence from August 13, 1970 to June 24, 1972. The Board concluded there were no compelling circumstances warranting such prolonged absence.

The Board has determined that the appellant's neurological disorder did not have its onset in service and is not otherwise related to her period of ACDUTRA. As such, service connection for this condition is denied.

The Board has determined that there is no evidence of a current disability of loss of sense of taste, and thus service connection cannot be granted.

The Board found that the appellant does not meet the criteria for special monthly pension based on need for regular aid and attendance or housebound status due to lack of evidence demonstrating she is helpless or confined to her home.

The Board found that the appellant's deceased husband did not have recognized active service in the United States Armed Forces and therefore was not a veteran. As a result, he could not be considered for VA death benefits.

The Board found that the veteran's left foot disorder, which was noted during service and treated post-service, did not warrant a compensable evaluation as it is only slight in nature.

The Board has decided to remand the case due to inadequate notice regarding service connection for the cause of death on a presumptive basis.

The Board found no evidence of aggravation during service and denied the veteran's claims for compression fractures of L4 and L5, as well as a pinched nerve in the upper back.

The Board denied an earlier effective date for the grant of service connection for the cause of the veteran's death, finding that no legal basis exists to assign such a date.

The Board has granted a 40 percent rating for the veteran's service-connected lumbago from June 17, 2004 to August 6, 2006. The effective date remains pending as it is not specified in this decision.

The veteran's service-connected lumbosacral spine disorder from March 20, 1997 to September 26, 2003 is rated at 40 percent for degenerative facet disease at L5-S1. The rating of 40 percent is maintained as the disability more closely resembles severe intervertebral disc disease with recurring attacks and intermittent relief.

The Board has remanded the case due to incomplete medical records and additional notice is required.

The Board has determined that there is no current disability of low and middle back pain or residuals of a puncture wound of the left foot for which service connection can be granted.,Both conditions are denied as there is insufficient evidence to establish their existence during or as a result of military service.

The Board has determined that the veteran's claim for service connection for residuals of cold injury, to include frozen hands and feet, is denied as there is no evidence of current disabilities or in-service cold injuries.

The Board found that the veteran's fatal pancreatic cancer was not incurred or aggravated by active duty service and is not otherwise related to such service. The claim for service connection for cause of death as due to exposure to herbicides in Vietnam is also denied.

The Board has remanded the case for further development, including scheduling a video conference hearing and issuing a Statement of the Case (SOC) on several issues. The appeal is also remanded to review service connection claims due to new evidence.

The veteran's claim for non-service-connected pension benefits was denied as he did not have the required service to qualify.

The Board found no evidence linking the veteran's sterility to service or a service-connected condition, and thus denied the claim for service connection.

The veteran's combined evaluation for service-connected disabilities is denied as it does not warrant a higher rating under the governing schedular criteria.

The veteran's service-connected status post arthroplasties of the 2nd and 3rd toes of both feet do not result in hammertoes or other disabling conditions, resulting in no more than mildly disabling foot disabilities.