Other conditions decisions — 2009

The Veteran's claim for service connection for soft tissue carcinoma and non-Hodgkin's lymphoma has been remanded due to missing records and inadequate notice.

The Veteran's service-connected mechanical lower back pain syndrome with mild bulging of the L3-L4 disc has been rated at 10 percent since February 1, 1995. The RO reduced this rating to 20 percent in December 1994 based on improvement in his condition as shown by a September 1994 VA examination.

The Board found that the Veteran's postoperative residuals of right femoral head avascular necrosis did not warrant a rating in excess of 30% based on current symptoms and medical evidence.

The Veteran's oropharynx cancer was not present in service and is not related to disease or injury in service, including exposure to herbicides. Service connection for squamous cell carcinoma of the oropharynx is denied.

The Board has determined that the appellant's schizoaffective disorder is related to his military service, and thus grants the claim for service connection.

The Veteran has withdrawn his appeal regarding the issues of service connection for a gastrointestinal disability, to include hiatal hernia, peptic ulcer disease, and chronic gastritis, claimed as bleeding ulcers, and for entitlement to an initial evaluation in excess of 50 percent for PTSD.

The Veteran's service-connected right elbow disabilities have been granted and rated at 10 percent each, effective February 25, 2004.

The Veteran's claims for service connection for a duodenal ulcer, pancreatitis, and the residuals of an inguinal hernia repair have been denied as there is no current evidence of these conditions.,No specific records regarding treatment for pancreatitis in 1969 were found.

The Board denied the appellant's request to reopen her claim of service connection for the cause of the Veteran's death, finding that new and material evidence had not been presented.

The Veteran's claim for an earlier effective date for a 100% rating for his epigastric hernia disability is denied as there is no evidence of an increase in the disability prior to January 7, 1999.

The Board has determined that the Appellant was insane at the time of her AWOL period, thus meeting the criteria for insanity under VA regulations. Therefore, there is no bar to the receipt of VA benefits.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claim for service connection for emphysema, including as due to asbestos exposure. The appeal is REMANDED.

The Board has remanded the case for additional development due to changes in the appellant's financial circumstances since the initial corpus of estate determination.

The Board has denied the appellant's attempt to reopen his claim of entitlement to service connection for rheumatic valvulitis, inactive, with deformity of the mitral valve/mitral insufficiency due to lack of new and material evidence.

The Board found that the overpayment was validly created and there was no indication of fraud, misrepresentation or bad faith in its creation. The appellant's failure to inform VA about her receipt of Social Security benefits under two different numbers contributed to the overpayment. The Board concluded that recovery would not be against equity and good conscience as it would result in undue hardship for the appellant.

The appellant has withdrawn his appeal regarding the claim for an annual clothing allowance prior to January 1, 2003. The Board dismisses this issue.

The Veteran's claim for an initial compensable rating for left salpingectomy/oophorectomy was denied as her service-connected removal of the left ovary does not warrant a higher rating.

The Veteran's marriage to the appellant was not recognized as valid for VA benefit purposes due to a legal impediment, and no evidence of termination of prior marriages was provided.

The Board has determined that a new VA examination is needed to determine the current severity of the Veteran's service-connected left-sided hydrocele and varicocele, and right epididymal cyst. The appeal will be remanded for this purpose.

The Veteran's appeal is being remanded for additional development, including a review of new medical evidence and an opinion regarding the relationship between his service-connected right eye condition and his left eye cataract.