Other conditions decisions — 2006

The veteran's claim for service connection for an organic mood disorder and organic personality disorder due to a head injury during service was granted with an effective date of January 30, 2003.

The VA denied the veteran's claim for additional disability benefits under 38 U.S.C. § 1151, finding that his current condition did not result from carelessness, negligence, or lack of proper skill on the part of VA.

The Board has ordered a remand due to the need for additional development, including obtaining medical records and arranging for a VA examination.

The Board denied the veteran's claim for service connection of his left hip DJD, finding that there was no clear and unmistakable evidence showing a pre-existing condition before service.

The Board has determined that the appellant was not permanently incapable of self-support prior to his 18th birthday, and thus does not meet the criteria for permanent incapacity for self-support.

The Board finds that the veteran's bilateral hand and leg disorders are not proximately due to or the result of his service-connected fibromyositis of the lumbar muscles, nor are they related to any injury or disease incurred in service. Therefore, service connection for these conditions is denied.

The Board granted a 20 percent rating for the veteran's residuals of a fractured coccyx with spondylostenosis at L4-5, effective November 9, 2008. The earlier effective dates for service connection for radiculopathy of the right and left lower extremities were also granted.

The Board found that the veteran's overpayment of improved disability pension benefits was properly created and calculated, but granted waiver for a portion ($6,292.48) of the overpayment while denying waiver for the remaining amount.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's previously denied claim of service connection for residuals of a fracture of the right elbow.

The Board has determined that the veteran's chronic myelogenous leukemia (CML) is not due to disease or injury incurred in service, nor can it be presumed to have been so incurred. The claim for service connection is therefore denied.

The Board is remanding the case for further development of evidence, including obtaining a VA examination report from August 1997 and ensuring that all claims are properly addressed.

The Board found no evidence that the veteran's uterine fibroid cysts began in service or were related to her military service, and thus denied her claim for service connection.

The Board has determined that the veteran does not have a current eye disability manifested by photosensitivity related to his military service.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that new and material evidence had not been submitted.

The Board finds that new and material evidence has been received to reopen the veteran's claim for service connection for ocular histoplasmosis. The Board concludes that the veteran likely had ocular histoplasmosis during his military service, which is considered a disease incurred in service.

The veteran is seeking service connection for throat cancer, which he claims is related to exposure to Agent Orange. The Board has decided that further development is needed due to the possibility of a relationship between his condition and Agent Orange exposure.

The Board has remanded the case due to the need for a VA examination of the veteran's neck disorder and further development of the record.

The Board denied the veteran's claims for service connection for gastric ulcers and Crohn's disease, as well as his claim for bilateral hearing loss. The evidence did not raise a reasonable possibility of substantiating these claims.

The Board denied the appellant's application to reopen her claim for revocation of a forfeiture of VA benefits, finding that no new and material evidence had been received.

The Board has decided to remand the case for additional development, including obtaining SSA medical records.