Other conditions decisions — 2009

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and updated VA medical center records. The case will be readjudicated after the completion of these tasks.

The Veteran's left eye nuclear cataract was not incurred in or aggravated by military service, to include as due to exposure to ionizing radiation.

The Veteran's right thumb tendon strain was found to be incurred in active duty service, and the Board granted service connection for this condition. The issue of an initial rating in excess of 10 percent for service-connected right knee sprain with instability is addressed in the REMAND portion of the decision.

The Board has decided to remand the case for a current VA examination and further development of the Veteran's right leg disability claim.

The Board has determined that the Veteran does not have current disabilities in either of his elbows, and there is no evidence of recurrent hernias. The Veteran's residual scarring from his inguinal hernia surgery did not warrant a compensable evaluation.

The Board denied the appellant's request to reopen her claim for DIC benefits based on service connection for the cause of the Veteran's death, finding that new and material evidence had not been presented.

The Board has determined that the Veteran's death was not caused by a service-connected disability and therefore denied the claim for service connection for the cause of the Veteran's death, including Dependency and Indemnity Compensation (DIC) benefits pursuant to the provisions of 38 U.S.C.A. § 1310.

The Board granted service connection for residuals of cold injury in the left hand, right hand, left foot, and right foot effective March 18, 2002.

The Veteran's claim for an earlier effective date for a 70 percent evaluation for phobia and panic disorder is denied as the evidence does not support such assignment prior to July 28, 2003.

The Veteran's dysthymic disorder is shown to be productive of symptoms that include anxiety and dysphoria; however, his psychiatric disorder has not resulted in occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks. The Board finds that the criteria for an initial evaluation in excess of 10 percent are not met.

The Veteran's claim for reimbursement of unauthorized private medical expenses incurred on August 1 and 2, 2005 at Q.V. Hospital, N.V. Emergency Medical Group, and R. Medical Group was denied because the services were not authorized by VA prior to the treatment and the Veteran did not meet eligibility requirements under 38 U.S.C.A. § 1725.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for a right eye disorder, which was previously denied in April 1979. The Veteran is now entitled to have his claim reviewed on its merits.

The Board has determined that there is no competent evidence to support the Veteran's claims for service connection for arthritis of the right foot and arthritis of the back. The Veteran's current conditions are not shown to be related to her period of active service.

The Veteran's countable income exceeds the limit for purposes of entitlement to non-service-connected disability pension, and therefore he is not entitled to payment of non-service-connected disability pension.

The Board denied a request for an earlier effective date of May 10, 2005 for the award of DIC benefits due to incapacity of an adult child. The decision found that May 10, 2005 was the correct effective date as it is later than when entitlement arose.

The Board has determined that an effective date of March 29, 2005 is warranted for the grant of service connection for follicular lymphoma.

The Veteran's claims for increased ratings and service connection have been denied. The Veteran is currently diagnosed with left shoulder bicipital tenosynovitis.

The Veteran's frequency of urination and incomplete voiding are not considered to be due to carelessness, negligence, or similar fault on the part of VA in providing treatment for his prostate cancer.

The Board found that there is no current diagnosis of a left hip disability, and thus denied the Veteran's claim for service connection for residuals of an injury to the left hip.

The Veteran's chronic lymphocytic leukemia was not incurred in or aggravated by active military service, nor may it be presumed to have been so incurred due to inservice exposure to herbicides. Service connection is denied.