Other conditions decisions — 2009

The Board has determined that the Veteran's GIST is a soft tissue sarcoma and was caused by his service. As he had in-country service in the Republic of Vietnam, he is entitled to presumptive service connection for his GIST.

The Board found that the Veteran's net worth is of sufficient size such that it is reasonable to expect that some portion of it should be consumed to defray the costs of his maintenance, thus denying him VA pension benefits.

The Board has determined that additional development is needed before it can adjudicate the Veteran's claim of entitlement to service connection for ischemic cardiomyopathy. The appeal is REMANDED to obtain VA and private medical records, SSA records, and a VA examination.

The appellant is not recognized as the Veteran's surviving spouse for VA DIC benefits due to lack of a valid marriage and failure to meet one-year threshold.

The Veteran's death was not due to a service-connected disability, and he did not meet the criteria for VA burial benefits as his body was held by a state. The claim is denied.

The Veteran's appeal is remanded for additional development, including obtaining VA medical records and scheduling a VA examination to assess the severity of his service-connected ear disorders and determine if any neck or left arm pain are separate from these conditions.

The Board has determined that an examination and medical nexus opinion are necessary to properly resolve the claim of service connection for memory loss.

The Veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 is remanded due to incomplete notification and a need for further medical examination.

The Veteran's right hand disability, which includes healed fractures of the fourth and fifth metacarpal shafts, is currently rated as 10 percent disabling. The Board found that his condition does not meet the criteria for a higher rating due to lack of ankylosis in any fingers.

The Board found that the Veteran does not have a current disability of right arm weakness related to his military service, and denied his claim for service connection. The initial rating issue remains pending.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for injuries and amputations of his fingertips resulting from treatment with Allopurinol prescribed by VA in February 2005. The case has been remanded due to the need for additional examination and review of records.

The Veteran's appeal is being remanded due to the need for a medical examination and opinion regarding the cause of his gastric perforation, which may have been caused by carelessness or negligence on VA's part. The case will be returned to the Board for further review.

The Veteran's appeal was granted, and he is now rated at a 60 percent disability rating for residuals of adenocarcinoma of the prostate after March 21, 2007. His hair loss claim remains denied.

The Veteran's right upper quadrant pain is found to be due to an undiagnosed illness that occurred during his service in the Gulf War, and thus service connection is granted.

The Board has determined that the appellant's follicular NHL and skin disorder of the hands and feet are not service-connected, with no exposure to herbicides during service.

The Veteran seeks an initial disability rating in excess of 30 percent for bilateral calcified pleural plaquing, resultant from exposure to asbestos. The case is being remanded due to the need for additional evidence and a VA examination.

The Board has remanded the case for further development, including providing proper VCAA notice and obtaining a supplemental opinion from Dr. R.L.M. regarding the Veteran's claimed intramedullary spinal cord hemorrhage and hematoma formation at T1-T2.

The Veteran's claim for service connection for a skin disorder of the hands and feet is denied as there is no competent medical evidence linking any current skin condition to his military service.

The Board found that the appellant owed a debt of $18,312.25 for overpayment of VA educational assistance benefits due to fraudulent enrollment at Ramon Magsaysay Technical University.

The Board has determined that the appellant does not have qualifying service as a Veteran and therefore is ineligible for VA benefits.