Other conditions decisions — 2008

The Board found that the veteran was not a fugitive felon and therefore, termination of his disability compensation benefits from September 27, 2002 to April 3, 2003 due to fugitive felon status was not proper.

The Board has determined that the cause of the veteran's death, cardiomyopathy and congestive heart failure, was not related to his military service or exposure to herbicides (Agent Orange). Therefore, service connection for the cause of death is denied.

The Board has determined that the character of the appellant's discharge from service is a bar to the payment of VA compensation benefits, and thus denied his claim.

Throughout the rating period on appeal, the veteran's bilateral tibial shin splints have been manifested by complaints of pain and swelling but without objective evidence of an associated knee or ankle disability. As such, a compensable rating for either leg is denied.

The Board has remanded the case for additional development due to VCAA notification deficiencies and to obtain relevant medical records.

The Board found that the veteran's request for waiver of recovery of an overpayment was timely received, and thus remanded the case to the Committee on Waivers and Compromises for further adjudication.

The veteran's service-connected endometriosis, pelvic inflammatory disease with abdominal pain, and history of tuboovarian abscess was granted but rated at 0 percent disabling. The VA has now ordered additional development to determine the current nature and extent of her gynecological conditions.

The veteran's appeal is being remanded to the RO for scheduling a Board hearing. The issues of entitlement to increased evaluations for his left rectus femoris muscle tear and left foot crush injury residuals are pending.

The Board denied the veteran's claims for service connection for colon cancer and basal cell carcinoma, both of which are presumed to be associated with exposure to Agent Orange. The evidence did not show current diagnoses or a relationship between these conditions and service.

The Board denied the veteran's petition to reopen his final disallowed claim for service connection due to lack of new and material evidence, as the provided information was cumulative and redundant.

The Board denied the veteran's claims for service connection for a left hip disorder and higher initial evaluations for post fusion of L4-L5-S1 and radiculopathy of the left lower extremity. The RO increased the evaluation for post fusion of L4-L5-S1 to 40 percent effective May 8, 2004.

The veteran's claim for an extension of the delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill) beyond March 2, 2005 was denied as she did not fall within any clearly defined exceptions to the ten-year delimiting period.

The veteran is seeking service connection for a urinary tract disorder, including microhematuria with bulbourethral stricture. The case has been remanded due to the need for further examination and evaluation.

The veteran's skin disorder is not related to his military service, and the Board denied both his claim for service connection of a skin disability and his request for an increased rating for PTSD prior to June 1, 2006. The effective date for service connection of PTSD remains February 25, 2005.

The Board has denied service connection for a dental disability characterized by the loss of all teeth and for chronic diarrhea. The veteran was not granted service connection as his teeth were either missing or non-restorable upon entry into active duty, and he did not file a timely claim for one-time corrective dental treatment.

The Board found that the veteran's preexisting mitochondrial myopathy did not increase in severity during his active service, and thus denied his claim for service connection.

The appeal has been dismissed as the appellant withdrew her appeal prior to a decision being made.

The Board has reopened the veteran's claims for service connection for an eye disorder and a skin disorder, finding new and material evidence relating to herbicide exposure in Vietnam. The claim is granted as both conditions are related to service.

The veteran is seeking an earlier effective date for special monthly pension at the housebound rate, which was granted in January 2005. The RO denied her request to change this effective date.

The Board has remanded the case for additional development, including a VA examination to assess the veteran's chest pain and determine if it is related to his service-connected pneumonia.