Other conditions Board decisions

The Board found that the appellant's period of service from October 20, 1972 to September 29, 1975 ended with an other than honorable discharge due to willful and persistent misconduct. Therefore, his period of service is dishonorable for VA purposes and acts as a bar to VA compensation benefits, including nonservice-connected pension. The Board also found that the appellant's period of service from July 27, 1972 to October 19, 1972 was not active military service and thus does not qualify him as a veteran for nonservice-connected pension benefits.

The Board found that the appellant's deceased husband did not have qualifying service under U.S. laws and regulations, thus denying her claim for VA death benefits.

The Board has remanded the case for additional development, including a medical examination to determine if the veteran's restrictive lung disease is related to his exposure to chemicals during military service.

The Board has determined that the veteran has a current disability of residuals of a left great toe and toenail injury, which is related to an in-service injury. The claim for service connection is granted.

The Board found that the veteran's motor vehicle accident, which resulted in his death, was not related to his service. The cause of death was deemed unrelated to any service-connected conditions.

The veteran's appeal is being remanded to the RO for consideration of her increased rating claims on an extraschedular basis due to marked interference with employment.

The Board found that the veteran had not been rated as 100 percent disabled during the eight years preceding his death and denied the claim for additional DIC under 38 U.S.C.A. § 1311 based on hypothetical entitlement to a total disability rating for a continuous period of at least 8 years prior to death.

The Board denied the appellant's claim of service connection for the cause of her husband's death, finding that there was no evidence linking his hepatic carcinoma to his military service.

The veteran's appeal has been withdrawn, and the case is dismissed.

The veteran's left knee disability, characterized as ACL with MCL tear and partial meniscectomy, was granted a compensable evaluation from July 9, 2001. A higher evaluation of 10 percent was assigned for the period prior to March 25, 2002, due to increased symptoms including pain, swelling, and limited motion. The veteran's disability was rated at 20 percent after August 16, 2002, following his arthroscopic surgery.

The Board denied the veteran's petition to reopen his claim of service connection for a musculoskeletal disability, finding that the new evidence submitted did not bear directly and substantially upon the specific matter under consideration.

The Board has determined that the veteran's interstitial pulmonary fibrosis is more likely than not related to his in-service asbestos exposure, and thus service connection for an asbestos-related pulmonary disorder is granted.

The Board has granted service connection for steatonecrosis and liver disease/gall bladder disease - non alcoholic fatty liver disease. An initial evaluation of 30 percent is assigned for IBS with GERD.

The Board has ordered a new VA examination to determine if the veteran has an asbestos-related lung disorder, and to assess whether any current respiratory disorders are related to service. The appeal is pending further development.

The Board found that the veteran's cervical spine disability does not meet the criteria for a higher rating, and thus denied her claim.

The Board granted increased ratings for the veteran's residuals of a wound to the left leg, with a maximum rating of 20 percent effective February 22, 2006. A separate 10 percent rating was also granted for impairment of the common peroneal nerve secondary to service-connected residuals of a wound to the left leg.

The Board has denied the veteran's claims for service connection for left and right hip pain, as well as evaluations for his left knee conditions. The appeals were not successful.

The Board found that the veteran's spinal stenosis was not incurred or aggravated by active service and denied his claim for service connection.

The veteran's request for waiver of recovery of an overpayment of VA nonservice-connected pension benefits in the amount of $32,508 was denied due to misrepresentation.