Other conditions Board decisions

The appellant's service does not qualify for VA pension benefits, and his claim was denied.

The veteran's claim for service connection for residuals of malaria and the issue of entitlement to separate 10 percent ratings for his service-connected bilateral tinnitus are remanded for further development.

The veteran's arthritis of the dorsal spine is manifested by pain, flexion limited to 65 degrees, full extension, lateral flexion bilaterally limited to 15 degrees, rotation bilaterally limited to 15 degrees, limited endurance, muscle spasm and increased kyphosis; but it is not manifested by flexion limited to 30 degrees or less or ankylosis.

The Board remands the appeal for a more definitive medical nexus opinion regarding whether the veteran's atrial septal defect was aggravated during service.

The veteran's left femur fracture is service-connected as it was caused by his service-connected right leg and ankle disabilities.

The Board remands the claim for a VA examination to determine the etiology of the veteran's right knee disorder.

The veteran's failure to disclose his felony incarceration constituted bad faith and was the direct cause of the pension overpayment, precluding waiver of recovery.

The claim of entitlement to accrued benefits was denied as there were no due, but unpaid, benefits to which the veteran was entitled at death under existing ratings or decisions, or based on evidence in the file at date of death.

The veteran's initial rating for his thoracic spine disorder was denied as the evidence did not support a higher rating.

The veteran's claim for service connection for a chest disorder was denied, and the rating for his adjustment disorder was not increased.

The Board concluded that the preponderance of the evidence is against the claim because there was no medical evidence suggesting that the veteran's bronchoalveolar carcinoma of the lung was present within one year of his discharge from service, and a VA medical opinion found it unlikely that malaria resulted in the pulmonary carcinoma which caused the veteran's death.

The veteran was granted a 10 percent rating for the service-connected residuals of a right navicular fracture based on limited motion and pain.

The veteran's countable annual income exceeds the established income limit for VA pension, and therefore, entitlement to VA pension is denied.

The veteran's claim for a compensable evaluation for the service-connected residuals of left eye chorioretinitis was remanded for further development.

The appeal is remanded to the RO for further development and adjudication of the issues on appeal.

The Board found that the appellant had not submitted new and material evidence to reopen the claim of service connection for cause of the veteran's death.

The veteran's herniated nucleus pulposis C6-7 with narrowing of C3-4 and C4-5 was not productive of an initial evaluation in excess of 10 percent between September 20, 2004, and March 21, 2006; however, effective March 21, 2006, a 20 percent evaluation was assigned.

The veteran's current chronic skin disorder is granted service connection due to its clinical onset during his combat service in the Republic of Vietnam.

The appellant was granted a waiver of recovery of an overpayment of pension benefits in the amount of $12,254.00 due to undue hardship.

The appellant's discharge was issued under dishonorable conditions due to willful and persistent misconduct, creating a bar to all VA benefits except for Chapter 17 health care benefits. Since the appellant has no other period of service or established service-connected disability, he is denied eligibility for VHA health care benefits.