Other conditions decisions — 2008

The Board granted service connection for the cause of the veteran's death due to acute myeloblastic leukemia, which was determined to be a direct result of his military service without any presumptive exposure.

The Board has remanded the claim for additional development due to new evidence submitted by the appellant and a need for VCAA compliance.

The Board has determined that the veteran's arthritis and avascular necrosis of the left hip are at least as likely as not related to service, granting service connection for these conditions.

The Board has granted a waiver of recovery for an overpayment of improved pension benefits in the amount of $54,054 due to financial hardship and inequity.

The veteran's service-connected chondromalacia patella of the left knee was not rated higher than 10 percent from February 28, 2001 to October 28, 2004 and from December 1, 2004.,From December 1, 2004, the veteran's service-connected post-operative chondromalacia patella of the right knee was not rated higher than 10 percent.

The Board has remanded the case for additional development, including scheduling a video hearing.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess his current condition.

The Board found that the veteran's right leg disability, characterized by pain but no significant limitation of motion or instability, does not warrant a rating in excess of 10 percent.

The Board denied the veteran's claims for service connection for various conditions, including rib fracture residuals, right hand injury residuals, elevated liver enzymes and abnormal LFTs, and fever. The Board found that there was no current evidence of these disabilities and thus could not establish a link to service.

The veteran's appeal is denied as he did not provide proof of dependency within one year from the date of notification of his increased compensation, resulting in an effective date for additional compensation on account of a dependent spouse being 2 February 2004.

The Board found that the veteran's current bilateral eye disability was not incurred in or aggravated by his active service and denied the claim for service connection.

The Board has determined that the veteran's squamous cell carcinoma of the soft palate is not service-connected, as there is no evidence linking it to his time in service or any presumptive conditions related to exposure to herbicides or radiation.

The veteran's initial rating claim for service-connected left ACL tear, status post Slocum procedure, to include degenerative joint disease was granted. The claim for arthritis of the hands was denied as not related to service or service-connected conditions.

The Board has determined that a remand is necessary to obtain an updated VA examination and determine whether the veteran's post-operative leg length discrepancy caused additional disability, and if so, whether it was due to negligence or lack of proper skill by VA in conducting his right hip arthroplasty.

The Board has denied the appellant's claims for service connection for the cause of the veteran's death and DIC under the provisions of 38 U.S.C. § 1318 due to a lack of legal merit, as the veteran had no pending claims at the time of his death.

The Board found no evidence of a closed head injury in service and denied the veteran's claim for service connection.

The Board denied the appellant's claim as she was not recognized as the veteran's surviving spouse for VA death benefits due to her divorce from the veteran.

The Board denied the reopening of claims for service connection for bilateral foot and vision disorders due to lack of new and material evidence.

The veteran's service-connected post-radical prostatectomy with stress incontinence was rated at 30 percent from April 27, 2005 to May 31, 2006 and at 60 percent from May 31, 2006 to August 31, 2006. The claim for a higher rating beyond this point was denied.

The VA denied a compensable evaluation for otitis externa of the right ear, finding that the symptoms did not warrant an increased rating.