Other conditions decisions — 2009

The Court of Appeals for Veterans Claims has determined that the Appellant submitted an initial application for benefits based on the Veteran's death within one year following the Veteran's death in December 1984. As a result, the effective date for the award of DIC benefits under 38 U.S.C.A. § 1151 is set as December 1, 1984.

The Board found that the Veteran's cerebellar degeneration is not related to his military service and denied his claim.

The Board has vacated the August 2008 decision and remanded the case for further development, including obtaining VA treatment records from May 2006 to February 2007 and August 2008 to present. The Veteran is also scheduled for a VA Cranial Nerves examination.

The Board has remanded the case for additional development due to new evidence submitted by the appellant and her representative. The claim will be reviewed again, including obtaining any necessary VA opinions.

The Veteran's additional left eye disability resulting from May 2003 cataract surgery and subsequent treatment at a VA medical facility is not deemed to be caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA physicians.

The Board found that the Veteran does not have a heart condition, including congestive heart failure. The preponderance of medical evidence is against a finding that his current heart condition was caused by VA treatment.

The Veteran's appeal is being remanded for further development, including an examination of her lower extremities and obtaining any additional medical records.

The Board has reopened the Veteran's claim for service connection for postoperative residuals of a retained foreign body in the scrotum and granted it, finding that new and material evidence had been presented to support the claim. The Veteran is now entitled to service connection as his condition is related to an injury sustained during active service.

The Board has decided to remand the case for a new VA examination to clarify the nature and etiology of any current left hip disability, including aseptic necrosis of the left hip and any residuals of total left hip replacement.

The Board has reopened the claim for service connection for the Veteran's cause of death due to new and material evidence provided by a December 2004 letter from Dr. W.L., who treated the Veteran for over 13 years prior to his death. The Board now remands the case to determine if there is at least a 50% probability that the service-connected PTSD contributed to or materially hastened the Veteran's death.

The Veteran's disability compensation benefits are being reviewed to determine if they should be apportioned for the benefit of their minor child. The appellant and the Veteran have provided financial information from previous years, but recent data is needed to make a determination.

The Veteran's appeal has been dismissed due to his death.

The Board denied the Veteran's claims for service connection for residuals of a fracture of the proximal left humerus and residuals of a fracture of the left sixth rib, both secondary to his service-connected left knee disability.

The Veteran's skin disorder, claimed as due to herbicide exposure during service, needs further evaluation and clarification before a decision can be made.

The Veteran's claims for service connection for myelodysplasia and pancytopenia due to exposure to herbicides are being remanded for further development.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for a nervous condition.

The Board has granted service connection for left tonsillar squamous cell carcinoma, finding that the evidence is in equipoise as to whether it is related to active duty service. The condition was not found to be related to exposure to herbicides or agent orange.

The Board found that a bilateral foot disorder was not incurred in or aggravated by active duty service and denied the Veteran's claim.

The Veteran's claim for an earlier effective date for special monthly pension based on the need for aid and attendance was denied as her original claim became final due to non-appeal of the June 2005 denial. The RO granted the claim in February 2007 with an effective date of January 19, 2007.

The Veteran's case is being remanded due to her desire for a hearing at the Montgomery, Alabama RO.