Other conditions decisions — 2009

The Board finds that the Veteran's degenerative changes at L4-5 and minimal compression fracture to T12 are related to his service.

The Board denied a compensable rating for the Veteran's right inguinal hernia, status post herniorrhaphy, as there was no evidence of a postoperative recurrent hernia or other symptoms warranting a compensable evaluation.

The Board denied service connection for the cause of the Veteran's death, as there was no evidence linking his leukemia to his military service or any herbicide exposure.

The claim for nonservice-connected burial benefits was denied due to the failure to timely file the application within two years of the Veteran's burial.

The Board remands the claim for a sinus and respiratory condition to obtain an appropriate medical examination to determine if any diagnosed conditions are related or aggravated by exposure to Gulf War environmental hazards.

The veteran withdrew the appeal for an increased evaluation of his bilateral hearing loss before a decision was made.

The Veteran's low back disorder is not manifested by forward flexion of the thoracolumbar spine limited to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, incapacitating episodes, or neurological impairment.

The Veteran's claims for service connection for head injury residuals and back wound residuals were reopened, but the evidence did not support a higher rating for his post-traumatic stress disorder (PTSD) with depression.

The Board found that the Veteran's spondylolisthesis of L5-S1 did not warrant a rating in excess of 40 percent based on the evidence of record.

The case is remanded for a new VA examination to determine the nature and severity of the service-connected neuropathic breast pain, post-operative residuals of subcutaneous mastectomies.

The Veteran is not legally entitled to the payment of non-service-connected pension benefits due to his incarceration for a felony conviction.

The Board denied an effective date earlier than June 29, 2001, for the award of service connection for bilateral rotator cuff tendonitis.

The appeal is remanded to the RO for further development and consideration of eligibility for education benefits under Chapter 30, Title 38, United States Code; Chapter 32, Title 38, United States Code; and Chapter 1606, Title 10, United States Code.

The Board found that the evidence did not support a connection between the Veteran's throat or tonsil disorder and his service, denying the claim.

The Board denied service connection for the cause of the Veteran's death and eligibility for DEA benefits under Chapter 35, Title 38, United States Code.

The Board remands the claims for service connection for arthritis of the neck and spine to afford the Veteran a VA examination.

The appeal was denied because the surviving spouse's net worth precludes reinstatement of VA death pension benefits.

The Board denied the Veteran's motion for clear and unmistakable error (CUE) in a May 28, 1971 decision on the grounds that it did not explicitly consider entitlement to a 10 percent disability rating pursuant to 38 C.F.R. § 3.324 (1970).

The Veteran is not eligible for educational assistance benefits under Chapter 34 or Chapter 30, Title 38, United States Code.

The Board found that a VA medical facility was feasibly available and an attempt to use it beforehand would have been considered reasonable by a prudent layperson, thus denying the Veteran's claim for payment or reimbursement of unauthorized medical expenses.