Other conditions decisions — 2009

The Veteran's fatigue and lethargy are not service connected as due to an undiagnosed illness, but rather are attributed to a known clinical diagnosis (sleep disorder caused by PTSD).

The Board found that the appellant's bad conduct discharge from service is a bar to VA benefits, as his misconduct was willful and persistent with offenses of moral turpitude. The appellant did not provide evidence showing he was insane at the time of the offenses.

The Board denied the appellant's claims for service connection for the Veteran's cause of death and entitlement to Dependents' Educational Assistance (DEA). The cause of death was listed as retroperitoneal sarcoma, which is not shown to be related to military service or a service-connected disability.

The Board has remanded the case for further development, including a new VA examination and corrective VCAA notice. The veteran's claim for an increased rating for prostatitis is pending.

The Board has remanded the case due to the need for additional development, including a medical examination to determine if there is any relationship between the Veteran's current ulcerative colitis and his period of active service.

The Board denied the Veteran's claim for service connection for a liver disorder, finding no medical evidence establishing a current diagnosis related to any incident of service. The Veteran was not provided with VA examination in connection with this claim.

The Board found that the reduction in rating from 10 to 0 percent for the Veteran's service-connected right ear disability, status post tympanomastoidectomy, times two, was appropriate and there has been no basis for a compensable rating since January 1, 2002.

The Board has granted service connection for the Veteran's diagnosed dry eye syndrome, finding that it is at least as likely as not related to his in-service injury.

The Board denied service connection for the cause of the veteran's death and denied DIC benefits under 38 U.S.C.A. § 1318.

The Board has determined that the appellant did not have service as a member of the U.S. Armed Forces and therefore is not eligible for VA benefits.

The appellant's claim for payment or reimbursement of unauthorized medical expenses incurred in 2004 is denied as he was not enrolled in the VA health care system at that time.

The Veteran's appeal is being remanded to allow for initial consideration of additional evidence and issuance of a corrective VCAA notification letter.

The Veteran's claim for an earlier effective date for a 10 percent rating for his service-connected sinus disability was denied. The Board found that there was no pending claim prior to February 19, 1998 and the higher rating could not be assigned.

The Veteran requested to withdraw his appeal for service connection of residuals of malaria before the Board could make a decision on the merits. As such, the case is dismissed.

The Board has remanded the case due to incomplete records and a need for proper notice under Hupp v. Nicholson.

The Veteran's appeal seeking a rating in excess of 60 percent from April 17, 2008 for chronic intercostal neuralgia associated with myofascial pain syndrome has been withdrawn. The Board does not have jurisdiction to consider this portion of the claim.

The Veteran's service-connected residuals of a gunshot wound of the abdomen are currently rated at 30 percent, but the Board found that this rating is not higher than what is warranted based on his disability.

The Board has denied the veteran's claim for service connection for residuals of pulmonary emboli as there is no current diagnosis or evidence of any residual disability.

The VA examiner found that there is no medical evidence linking the veteran's current skin disorders to his service, and thus denied the claim for service connection.

The Veteran's right foot disability, manifested by constant pain and stiffness, does not warrant a rating in excess of 10 percent.