Other conditions Board decisions

The veteran is seeking service connection for a lung condition, which he claims was caused by asbestos exposure during his military service. The case has been remanded to obtain a VA examination and further development of the medical records.

The Board has determined that the veteran is incompetent to handle VA benefits due to substance abuse, and thus denied his claim.

The veteran's death was not due to service-connected conditions, and the appellant did not meet the legal requirements for VA benefits as his surviving spouse.

The Board has granted an initial evaluation of 50 percent for the service-connected personality change due to head trauma, which is more than the originally assigned 30 percent rating.

The Board has denied the veteran's claim for an earlier effective date of January 15, 2003 for his TDIU award due to finality of a prior rating decision.

The Board has determined that the veteran's current restless leg syndrome is not related to his military service and that his income exceeds the maximum annual rate for non-service connected pension benefits. Therefore, he is denied both claims.

The veteran's claim for reimbursement of medical services provided by Alegent Health Midlands on February 22, 2006 is being remanded due to the need for further investigation into the availability and feasibility of VA facilities at that time.

The veteran's appeal has been dismissed due to his death during the pendency of the appeal. The Board had no jurisdiction to adjudicate the merits of this claim.

The Board denied the appellant's claim for an earlier effective date of January 1, 2004 for DIC benefits, finding that she did not intend to file as a surviving spouse prior to December 30, 2003.

The Board denied the veteran's claim for an earlier effective date for educational assistance benefits, finding that no prior formal or informal claims were submitted before May 11, 2007. The earliest possible effective date is therefore May 11, 2006.

The Board has ordered the case back to the RO for compliance with the instructions in the Joint Motion, which includes providing VCAA notice consistent with Dingess/Hartman and Vazquez-Flores.

The veteran's service-connected disabilities, particularly his bladder incontinence, render him unable to secure or follow a substantially gainful occupation.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her excessive annual income, which exceeded the maximum allowable amount.

The Board found that the veteran's right hip disorder did not meet or approximate the criteria for a higher rating, and thus denied his appeal.

The veteran's period of service ended with a less than honorable discharge, which disqualifies him from basic eligibility for educational assistance under Chapter 30. There is no evidence of any disability that would allow for eligibility based on a pre-existing condition or medical condition.

The Board has determined that the veteran's right hand disability is not etiologically related to service or his service-connected left hand disability, including as a result of overuse due to such disability. As such, the claim for service connection for a right hand disability is denied.

The Board has remanded the case due to the need for additional development, including a VA respiratory examination.

The Board has remanded the case for additional development, including verification of service and stressor confirmation. The veteran's claims for PTSD and bilateral carpal tunnel syndrome are pending.

The Board found that the veteran's right elbow condition (epicondylitis) was not incurred in or aggravated by his active service.

The veteran's furunculosis of the buttocks is not shown to meet the criteria for a compensable disability rating, and he does not have any other service-connected disabilities that would warrant a total compensation rating based on individual unemployability.