Other conditions Board decisions

The Board denied the appellant's petition to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted.

The Board found that the appellant's other than honorable service discharge is not a total bar to VA compensation benefits, as it was based on acceptance of an OTH condition discharge for the good of the service and not willful and persistent misconduct. The Board concluded that this does not constitute a bar under 38 C.F.R. § 3.12.

The Board denied compensation under 38 U.S.C. § 1151 for the veteran's post-surgical residuals, finding that they were not caused by VA fault.

The Board found that the veteran's current herniated disc did not manifest during or as a result of his military service and denied his claim for service connection.

The veteran's right Achilles tendon repair and tendonitis are rated at 30 percent effective April 10, 2007.

The Board has determined that the veteran's upper jaw/dental injury is not service-connected and therefore, his claim for service connection was denied.

The veteran's dysthymic disorder was initially evaluated as 10 percent disabling prior to August 3, 2006. From August 3, 2006, to December 19, 2007, the disability was rated at 50 percent based on significant impairment in social and occupational functioning.

The Board has dismissed the appeal as the appellant did not file a timely substantive appeal regarding the May 2004 rating decision denying service connection for the cause of the veteran's death.

The case is being remanded for additional development to ensure compliance with the requirements of the VCAA.

The Board has determined that the veteran's current right hand disability is not related to his service and therefore denied his claim for service connection.

The appellant's annual income exceeded the maximum allowable for nonservice-connected death pension benefits, resulting in a denial of her claim.

The veteran's claim for an increased evaluation for his service-connected prostatic hypertrophy is being remanded due to the need for additional development, including a VA examination and notification of VCAA requirements.

The Board has determined that there is no evidence linking the veteran's current moderate airway restrictive disease to his service, and thus denied the claim for service connection.

The veteran's request for waiver of overpayment was not timely filed, and as a result, the claim is denied.

The Board denied the veteran's request for an earlier effective date for his NSC pension benefits, stating that due to his incarceration after a felony conviction, there is no provision for an earlier effective date.

The Board has remanded the case for further development, including a new VA examination and correction of VCAA notice.

The veteran's prostate condition, diagnosed as benign prostatic hypertrophy with a history of chronic prostatitis, was not incurred in or aggravated by his active service and is not proximately due to or the result of exposure to herbicide agents.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Memorial Hospital Jacksonville on August 22, 2005 and August 23, 2005 due to lack of authorization and no evidence of a medical emergency.

The claim for service connection for cause of death was previously denied due to the veteran's death being attributed to natural causes. The appellant has not submitted new and material evidence to reopen this claim.

The case is being remanded due to the submission of additional evidence and a request for review by the RO.