Other conditions decisions — 2009

The Veteran's son was born with a cleft palate and mild mental retardation, but there is no evidence linking these conditions to the Veteran's service in Vietnam or herbicide exposure. The claim for VA compensation under 38 U.S.C.A. § 1815 is denied.

The Board has determined that a remand is required to establish the nature of the appellant's disability, specifically whether they have spina bifida. The appeal will be returned for further development.

The Board found no evidence linking the Veteran's gynecological conditions to her active service, and denied her claim for service connection.

The Veteran's claim for an extension of his basic 10-year period of eligibility for receiving educational assistance benefits under the Montgomery GI Bill was denied as he did not meet the criteria for such an extension.

The Veteran died from a non-service connected condition and was not in receipt of VA compensation or pension at the time of his death. Therefore, he is ineligible for VA burial benefits.

The Veteran's appeal has been dismissed due to his death.

The Board found no evidence linking the Veteran's current right foot disorder to his active service and denied his claim for service connection.

The Veteran's Osgood-Schlatter's disease of the left knee is currently rated at 10 percent, and his claim for an increased rating has been granted.

The Board found that the Veteran's nonservice-connected pension benefits were properly terminated due to his status as a fugitive felon, based on evidence showing he violated conditions of his parole for a felony.

The Board denied the Veteran's claim for a disability rating higher than 10 percent for post-operative residuals of an epididymectomy with chronic epididymitis, and post-operative residuals of a left orchiectomy.

The Board of Veterans' Appeals has determined that the Veteran does not have residuals of a tooth extraction or TMJ syndrome associated with his active military duty, and therefore denied service connection for these conditions.

The Board has determined that new and material evidence has not been submitted to reopen the appellant's claim for eligibility to benefits based on qualifying service, as his character of discharge remains a bar to VA benefits.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection, but it is not granted as the condition pre-existed service.

The Board denied the Veteran's request to waive recovery of an overpayment of VA educational assistance benefits, finding that the fault in creating the debt lies solely with the Veteran and that collection would not result in undue hardship or defeat the purposes for which the benefits were intended.

The Board has decided to remand the case for additional development and adjudication, including a follow-up VA examination.

The Veteran's claim for service connection for a skin disorder due to herbicide exposure was denied as there is no evidence of current disability and the Board found that the preponderance of the evidence is against his claim.

The Board has determined that there is no competent evidence linking the Veteran's lung disability to service, including exposure to chlorine gas. As such, the claim for service connection is denied.

The Board denied the Veteran's claim of entitlement to service connection for metastatic squamous cell carcinoma of the right tonsil (claimed as throat cancer) based on herbicide exposure, finding that there was no evidence linking his condition to active service or any incident therein, including herbicide exposure.

The Board has reopened the claim of service connection for an eye disorder due to new and material evidence. However, service connection is not granted as there are no diagnosed disabilities other than presbyopia.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the nature and severity of his residuals from pneumonia. The RO/AMC will also review the claims file to ensure all necessary actions have been taken.