Other conditions decisions — 2009

The Veteran's MDS and monoclonal gammopathy are as likely as not linked to his documented exposure to radiation during service in Japan, resulting in a grant of service connection.

The Board dismissed the appeal because the appellant died during the pendency of the appeal.

The Board denied the Veteran's claim for service connection for vision problems, finding that there was no evidence linking his current vision issues to service or any incident of service origin.

The Board denied the appellant's claim for an earlier effective date for Dependents' Educational Assistance (DEA) benefits under Chapter 35, finding that such benefits could not be paid prior to June 23, 2005.

The Veteran's right leg disability is service-connected as secondary to his service-connected low back disability. The VA has granted a 100% rating for the cervical spine disability since July 12, 2001, and increased ratings for the left shoulder disability from February 3, 2004, to July 15, 2007.

The Veteran's annual family countable income for the 2008 pension year exceeds the maximum allowable rate for receipt of non-service connected disability pension benefits, and therefore he is not entitled to these benefits.

The Veteran's claim for service connection for residuals of a right clavicle fracture and contusions of the hand was denied as there is no credible, competent evidence to show that his current complaints may be associated with an in-service injury.

The Board found that the overpayment of VA improved pension benefits was properly created and denied entitlement to a waiver of recovery.

The Veteran's claim for direct and secondary service connection for a gland disorder is being remanded to obtain additional medical evidence and ensure compliance with VA's duty to assist.

The Veteran's memory loss is service-connected and he is granted a 10 percent initial rating for his left elbow disability.

The Veteran's claim of entitlement to service connection for loss of vision in the right eye was previously denied and is now being reopened. The issue of entitlement to a rating in excess of 30 percent for posttraumatic headaches remains denied.

The Veteran's appeal has been dismissed because he died during the pendency of his appeal.

The Board denied the Veteran's claim for service connection for giant cell tumors of the tendons, finding that there was no medical evidence linking his current condition to any event or injury during service.

The Board denied the appellant's claim for payment or reimbursement of unauthorized private medical expenses, finding that he was not eligible due to his Medicare Part A coverage and other criteria outlined in 38 C.F.R. § 17.1002.

The Board denied the appellant's claim for service connection for the cause of her husband's death and also denied entitlement to additional burial benefits. The decision found that new and material evidence had not been submitted to reopen the claim, and that there was no established link between the Veteran's arteriosclerotic vascular disease and his military service.

The Board has remanded the case for further development to determine if the Veteran's varicose veins pre-existed his active service and were aggravated by it.

The Board has determined that the Veteran's service-connected hypertensive vascular disease contributed to his death from Alzheimer's Disease, and thus grants service connection for the cause of the veteran's death.

The Board has granted service connection for chronic recurrent right ear infections and a zero percent rating is the only evaluation allowed for a perforated tympanic membrane under applicable rating criteria.

The Veteran's claim for an increased evaluation for residuals of fracture of the left distal fibula is being remanded due to a lack of substantial compliance with the Board's previous instructions, including obtaining an adequate and contemporaneous VA examination.

The Veteran's appeal for service connection for defective hearing has been dismissed due to his death while the appeal was pending.