Other conditions decisions — 2009

The Veteran's death was granted service connection for the cause of his death due to metastatic cancer, presumed to be related to Agent Orange exposure. However, there is no evidence of CLL prior to the Veteran's death and he did not file a claim for CLL before passing away. Therefore, the claim cannot be granted as retroactive benefits.

The VAMC denied the Veteran's request to convert his existing bathtub to a walk-in shower under the HISA program.

The Veteran withdrew his appeal regarding the increased initial rating for a right eye disability, and as such, the issue is dismissed.

The Veteran's claim for payment or reimbursement of medical expenses incurred at a non-VA facility is denied as the emergency condition did not last long enough to meet the criteria under VA regulations.

The Board has determined that the Veteran's service-connected hernia does not meet the criteria for a compensable rating under VA's Schedule for Rating Disabilities. The Veteran's hernia is currently evaluated as noncompensable (0 percent) due to its small size, reducibility, and lack of true protrusion.

The Board has granted service connection for the Veteran's hammertoes of the right foot with corns and calluses, finding that these conditions are likely as not to have had their clinical onset during his period of active duty.

The Veteran's application for educational assistance benefits for commercial flight training initiated in April 2006 was denied as he did not meet the eligibility requirements, specifically failing to hold a valid second class medical certificate on the first day of his training.

The Board has granted service connection for several conditions, including fatigue, multiple joint pain, hypersomnia, and decreased libido. However, the Veteran's claims for higher ratings on his headaches, low back disability, left great toe disability, left hip disability, and hemorrhoids have been denied. The effective date of the 10 percent rating for the right ankle scar has also been granted but not earlier than September 27, 2005.

The Board has remanded the case for additional development due to missing service records, particularly those from December 1955 to January 1956.

The Veteran's service-connected genital herpes is currently rated as noncompensable prior to October 16, 2007 and 10 percent from that date. The Board finds insufficient evidence of the required symptoms for a higher rating.

The Veteran's service-connected thoracic spine disability is currently rated at 20 percent, and the Board finds that it does not meet the criteria for a higher rating based on severe lumbosacral strain or incapacitating episodes.

The Veteran's appeal for a compensable rating for chronic bilateral foot fungus was denied, and his claim for a 10 percent rating under 38 C.F.R. § 3.324 for multiple noncompensable service-connected disabilities was also denied.

The Board has determined that the Veteran's Osgood-Schlatter syndrome of the right lower extremity was not incurred or aggravated by active service and is not related to a service-connected disability. Therefore, the claims for bilateral knee and hip disabilities are denied.

The Board denied service connection for fracture of the back and 'foot drop' as secondary to a service-connected disability. The claim was not granted.

The Board denied service connection for bilateral foot pain, bilateral hearing loss, and tinnitus. The Veteran's claims were remanded multiple times but the requested examinations and opinions have been provided.

The Veteran's current stomach disorder is not causally related to service, and the Board finds that service connection for a stomach disorder is denied.

The Board found that the Veteran's current bilateral leg and bilateral hand and arm disabilities, including tremors, were not incurred in or aggravated by his active service. The VA examiner opined that the intention tremors are not likely related to his electrical shock during his service.

The Board has been granted a full grant of benefits sought on appeal, including service connection for the cause of the Veteran's death and eligibility for DEA under Chapter 35, Title 38, U.S.C. The case is dismissed as there are no allegations of error of fact or law for appellate consideration.

The Veteran's claim for a higher rating for myalgia, bilateral hips is being remanded due to the need for additional development including obtaining medical records and scheduling a VA examination.

The Veteran's request for a waiver to recover an overpayment of pension benefits in the amount of $4,776.00 was granted due to undue financial hardship and lack of fault on his part.