Other conditions decisions — 2012

The Board found that the appellant's actions during three periods of AWOL constituted willful and persistent misconduct, leading to a discharge under dishonorable conditions. The Board concluded that his conduct was not minor offenses and thus did not qualify for an exception from the bar to VA benefits.

The Board has remanded the case for further development, including a VA examination and obtaining updated treatment records. The Veteran's claim for increased evaluation of his service-connected left lung spontaneous pneumothorax and TDIU will be reconsidered.

The Veteran's appeal is being remanded due to the need for a determination on the validity of his overpayment debt and further development of the claim.

The Board has remanded the case due to the need for additional development and examination.

The Board has determined that the appellant is not eligible to be recognized as the Veteran's surviving spouse for VA death benefits due to a separation from the Veteran during his incarceration, which was not solely due to the fault of the appellant.

The Board denied the Veteran's claim for an earlier effective date prior to February 25, 2008, for additional compensation benefits for a dependent spouse. The effective date is set at February 25, 2008.

The Veteran's TDIU claim is being remanded due to the need for additional medical opinions and updated VA treatment records.

The case is being remanded for additional development as there are missing records and the Veteran's education file needs to be updated with relevant evidence.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board has determined that the veteran does not meet the basic eligibility criteria for benefits from the Filipino Veterans Equity Compensation Fund due to a lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board has determined that the appellant does not have recognized service as a member of the Philippine Commonwealth Army, including the recognized guerillas in the service of the United States Armed Forces. Therefore, he is ineligible for a one-time payment from the FVEC Fund.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund as he did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Veteran withdrew his appeal regarding the issue of entitlement to a temporary total rating due to treatment requiring convalescence and/or hospital treatment or observation.

The appellant withdrew her appeal regarding the issue of service connection for the cause of the Veteran's death.

The Board dismissed the appeal due to the appellant's withdrawal of his appeal for direct payment of attorney fees based on a March 8, 2011 rating decision.

The Board has ordered additional development and remanded the case due to procedural issues, including updating representation information, obtaining VA treatment records, SSA disability benefits file, and requesting claims files from St. Paul and Milwaukee ROs.

The Board found that the Veteran's personality disorder existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Veteran's prostate disability is not service-connected, and the Board finds that it is less likely related to his exposure to herbicides or his service-connected diabetes mellitus.

The Board has remanded the case for further development and to schedule a videoconference hearing.

The Veteran is granted a separate 20 percent evaluation for residuals of gunshot wound to the chest, Muscle Group XX. The claim for an increased rating for residuals of gunshot wound to the chest, Muscle Group XXI remains denied.