Other conditions decisions — 2009

The Board has determined that the Veteran's leukemia is related to in-service exposure to benzene, and grants service connection for this condition.

The Board has determined that the award of compensation under the provisions of 38 U.S.C.A. ¶ 1151 for residuals of status post right hemicolectomy secondary to bowel perforation from colonoscopy was clearly and unmistakably erroneous due to a failure to apply the correct legal standard, resulting in an improper grant of benefits.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, arthritis with joint pain, right shoulder condition, bilateral foot condition, bilateral hand condition (numbness), upper and lower back conditions, bilateral ankle condition, bilateral knee condition, hypertension, depression and anxiety, skin condition, and erectile dysfunction. The Board found that the evidence did not support a finding of service connection for these conditions.

The Board found that the Veteran's postoperative olfactory groove meningioma is not related to his service, including as due to exposure to ionizing radiation. The preponderance of evidence does not support a finding that the Veteran's benign brain tumor is related to his service.

The Board found that the appellant is not legally married to the Veteran at the time of his death, and thus is not entitled to death pension or DIC benefits.

The Board denied the Veteran's claim for service connection for porphyria cutanea tarda, finding no evidence of in-service exposure to herbicides and insufficient medical evidence linking the condition to service.

The Veteran's appeal is remanded for further development, including a VA examination and consideration of staged ratings. The claim will be reconsidered based on the evidence of record.

The Board found that the Veteran's service-connected disabilities did not cause or contribute to his death, and denied both the claim for service connection for the cause of death and the DIC under 38 U.S.C. § 1318.

The Board dismissed the appeal as the Veteran withdrew his claim for a compensable rating for residuals of left inguinal herniorrhaphy. The issue of service connection for a left hip disorder, claimed as due to service-connected status post herniorrhaphy, left inguinal hernia, was not addressed.

The Veteran's request for waiver of overpayment of non service-connected pension benefits was not timely filed, and therefore the claim must be denied.

The Board has determined that the appellant's countable income exceeds the maximum annual pension rate for a surviving spouse, thus denying her entitlement to improved death pension benefits.

The Veteran's service-connected herniated disc at L5-S1 and radiculopathy of the left S1 nerve root are currently rated at 40 percent, but do not meet criteria for a higher rating based on current symptoms.

The Veteran's appeal was dismissed due to his death.

The Board found that new and material evidence was not received to reopen the Veteran's claim for service connection for a right leg disability, as his previous denial was based on lack of evidence of current disability.

The Board finds that the Veteran's traumatic arthritis of the left hand does not warrant an evaluation in excess of 10 percent under Diagnostic Code 5228. The disability more nearly approximates the 10 percent rating criteria for his left thumb under this diagnostic code, and he does not meet a higher rating criteria.

The Veteran's appeal for nonservice-connected pension was dismissed due to the death of the appellant.

The Board has determined that the Appellant is entitled to an additional $30 in reimbursement for licensing and certification test fees he paid in May 2007.

The Board has remanded the case for a new VA examination to determine if the Veteran's current lower spine disability is related to his military service.

The Board has remanded the case due to a lack of adequate statement of reasons or bases for denying service connection for gastrointestinal disorder and failure to provide an adequate VA examination.

The Board denied the Veteran's request for an extension of his temporary total disability rating beyond October 31, 2004 due to surgery on April 20, 2004. The evidence did not support a finding that he required convalescence past this date.