Other conditions decisions — 2009

The Veteran's appeal for non-service-connected pension is being remanded due to the failure to appear at a Travel Board hearing. The case will be returned to the RO so that the Veteran and his representative can prepare for a video conference hearing.

The Board denied the veteran's claim for basic eligibility for nonservice-connected pension benefits due to a lack of threshold requirements, as his service records do not show active duty during a period of war.

The Veteran's service connection for panic disorder with agoraphobia has been granted. The effective date of this award is not specified in the decision.

The Veteran's endometriosis has been manifested by pelvic pain and irregular bleeding not controlled by treatment; lesions involving the bowel or bladder have not been demonstrated. The criteria for an initial rating in excess of 30 percent for endometriosis have not been met.

The Veteran's death was not caused by any service-connected disability, and the Board finds that service connection for the cause of the Veteran's death is denied.

The Veteran's claims for initial evaluations of his service-connected amoebiasis and left testicle varicocele are being remanded due to the need for additional examinations.

The Board found that the Veteran's cause of death was not due to service, and denied the claim for service connection for the cause of his death.

The Board has granted reinstatement of $55.53 in nonservice-connected death pension benefits for the year 2006, but denied the claim due to excessive income for the years 2005, 2007, and 2008.

The Board has determined that the Veteran's service-connected postoperative residuals of compression fractures at T8-T9 warrant a rating of 40 percent, as this level of disability more closely approximates forward flexion limited to 30 degrees or less.

The Veteran's claims for malaria, sinus disorder, pneumonia, and a fracture of the right hand finger are all denied as there is no evidence of current disabilities or service connection.,There is no diagnosis of malaria in service. The Veteran's statements about having had malaria during service are not credible given the lack of contemporaneous medical records.

The VA denied a higher rating for the Veteran's status-post fracture of L4-L5, currently evaluated at 20 percent.

The Veteran's claim of service connection for a left hand disability is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Veteran's residuals of a right inguinal hernia repair have not resulted in recurrent hernia, and thus do not meet the criteria for an initial compensable rating.

The Board denied the Veteran's claim for a waiver of overpayment, finding fault with the Veteran in creating the debt and concluding that recovery would not be against equity and good conscience.

The Veteran's appeal is being remanded for additional examinations and development of the claims.

The Board denied the Veteran's claim for an effective date prior to July 11, 2006 for the grant of service connection for left rotator cuff tear. The earliest effective date possible is July 11, 2006.

The Board has determined that further development is needed to determine if the Veteran was exposed to ionizing radiation in service, which may have contributed to his colorectal cancer and subsequent death. The claim will be referred for this purpose.

The Board denied the Veteran's claim to reopen his service connection for residuals of a back injury, finding that new and material evidence had not been received.

The Veteran's appeal for the validity of a vocational rehabilitation subsistence allowance overpayment in the amount of $2007.72 was denied as he did not provide mitigating circumstances for his withdrawal from courses.

The Veteran's claim for service connection for basal cell carcinoma of the nose, claimed as secondary to exposure to ionizing radiation, is being remanded due to the need to obtain dose information and determine if there was exposure in service.