Other conditions decisions — 2009

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be handled by the Jackson, Mississippi, RO and a new hearing date will be set.

The Veteran's appeal was granted, and he is now entitled to an effective date of July 1, 2002 for the award of VA dependency education benefits.

The Veteran's claim for service connection for hematospermia is remanded due to inadequate findings in the prior VA examination and a need for further medical evaluation.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA improved pension benefits in the amount of $41,137.00 due to fault on both the Veteran's and VA's part, but also noted that there was some financial hardship.

The Board has determined that an effective date of September 15, 1998 is assignable for the grant of service connection for the cause of the Veteran's death.

The Board has determined that the Veteran's residuals of a fractured right humerus do not warrant a separate or higher rating under the diagnostic codes for nerve damage/paralysis. The effective date for the assignment of a 20 percent disability rating for residuals of a fractured right humerus remains denied.

The Veteran's death was due to cardiorespiratory arrest and metastatic pancreatic cancer. The service-connected right hand disability is not considered a contributory cause of death, as there is no evidence linking the right hand condition to the Veteran's cancer or death.

The Board found that the Veteran's loss of vision in his right eye was not caused by VA carelessness, negligence, or error. The additional disability resulted from a cataract surgery performed at a VA facility.

The Veteran withdrew his appeal for service connection of arthritis of the multiple joints. The Board dismissed the claim for a total rating based on individual unemployability due to service-connected disabilities from August 30, 2002 to May 2, 2003 as he was able to maintain substantially gainful employment.

The Board found that the appellant does not have a currently diagnosed disorder of the left hip and denied her claim for service connection.

The Board found that the Veteran's current sinus condition is not related to his active service and denied his claim for service connection.

The Veteran's claims of service connection for polycythemia vera and gastrointestinal disability due to exposure to ionizing radiation were denied. The Board found that the Veteran was not exposed to ionizing radiation in service, and there is no evidence linking these conditions to service.

The Veteran's status post resection of a pituitary microadenoma with galactorrhea is rated as 20 percent disabling, reflecting the severity of her symptoms and treatment needs.

The Veteran's claim for beneficiary travel reimbursement was denied because his travel expenses were not pre-authorized and none of the exceptions allowing payment without prior authorization applied to his case.

The Board has remanded the case for further evidentiary and procedural development due to a need for another hearing before a Veterans Law Judge at the RO in Montgomery, Alabama.

The Board found that the Veteran's cause of death, metastatic squamous cell carcinoma, was not related to his service-connected conditions or exposure to herbicides. The cancer developed as a result of metastasis from another site (the floor of the mouth), and thus presumptive service connection based on Agent Orange exposure could not be established.

The Board denied the appellant's claim for an earlier effective date of May 26, 1999, for a 30 percent disability evaluation for post-inflammatory hypopigmentation of the face, back, chest, and abdomen. The appeal was based on the timing of the substantive appeal rather than the merits of the service connection.

The Board has determined that the Veteran's diverticulitis, a stomach disorder, was incurred in service and granted service connection for this condition.

The Board has determined that the Veteran does not have a current dental disability for which service connection can be granted, and thus denies her claim.