Other conditions decisions — 2009

The veteran's fatty liver disease was not related to military service, including Agent Orange exposure. However, the veteran's PTSD warranted a 70 percent evaluation.

The veteran's claim for a total evaluation based on individual unemployability due to service-connected disabilities (TDIU) is being remanded to afford him a VA examination.

The veteran's claim for an extension of a temporary total rating beyond November 30, 2005, was denied as the evidence did not show that he required convalescence beyond this date.

The Board denied the veteran's claims for service connection as new and material evidence was not presented to reopen previously denied claims, and direct service connection was not established for any of the conditions.

The veteran's service did not confer eligibility for VA non-service-connected death pension to his surviving spouse.

The appeal for accrued benefits was denied because there was no claim pending at the time of the veteran's surviving spouse's death.

The veteran was entitled to non-service-connected pension from May 22, 2000, based on the evidence provided and the lack of substantially gainful employment due to disability.

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 February 25, 2008 was denied because there is no evidence that a physical or mental disability prevented him from completing his education within the otherwise applicable eligibility period.

The veteran died from metastatic cancer of the esophagus, and there is no legal entitlement to VA burial benefits as he was not receiving compensation or pension at the time of his death.

The veteran's claim for an earlier effective date for entitlement to TDIU was denied as the evidence did not demonstrate that his service-connected disability caused impairment of sufficient severity to produce unemployability prior to November 1, 2006.

The Board denied the veteran's claim for service connection for ADHD, finding that there was no evidence of aggravation beyond the natural progression of the condition during his military service.

The Board denied service connection for the cause of the veteran's death and entitlement to DIC benefits pursuant to 38 U.S.C.A. § 1318, as there was no evidence that a service-connected disability caused or contributed substantially to the veteran's death.

The veteran's service-connected right ovarian cyst with ovary and tubal adhesions was denied a disability rating in excess of 10 percent, and the claim for temporary total rating following surgery performed in September 2005 was also denied.

The veteran's application for enrollment in the VA healthcare system was denied due to his income exceeding the threshold and lack of a service-connected disability.

The appeal is remanded for a new VA examination to determine the relationship between any current neck disability and an injury during service.

The appeal was remanded for further development consistent with a Joint Motion For Remand.

The Board denied the appellant's request for a waiver of indebtedness in the calculated amount of $100,427.00 due to bad faith on her part in the creation of the debt.

The appeal is remanded to the RO for further development and readjudication of the claim.

The veteran's service in the Japanese Bureau of Constabulary rendered assistance to an enemy of the United States and resulted in the forfeiture of all accrued or future gratuitous benefits under laws administered by VA.

The veteran's claims for service connection for coughing and shortness of breath, muscle and joint pain other than the spine, and neck and back pain were denied as they have been attributed to known clinical diagnoses and there is no evidence linking them to his service.