Other conditions decisions — 2009

The Board denied the Veteran's claims for service connection for inflamed lymphatic nodules, a skin disorder, and residuals of a left inguinal hernia. The evidence did not support a current diagnosis or link to service.

The Board has denied the Veteran's claim for service connection for residuals of a soft tissue injury of his left upper back, finding that there is insufficient evidence to establish a nexus between the current disability and military service.

The Board denied the Veteran's claims for higher ratings for varicose veins in both right and left lower extremities on an extraschedular basis, finding that the current ratings adequately compensate her disability.

The Veteran's claim for an earlier effective date for additional disability compensation benefits due to his dependents was denied as the evidence did not show that he provided proof of their existence prior to May 9, 2005.

The Board finds that the March 1970 rating decision denying service connection for left hip disorder contains clear and unmistakable error (CUE), and the Veteran's right hip disorder is secondary to his now-service-connected left hip disorder.

The Veteran's service-connected right foot condition, characterized by post-operative residuals of a callus under the third metatarsal head with fusion and hammertoe, is not considered to be so severe as to warrant an evaluation in excess of 30 percent.

The Board found that recovery of the overpayment of pension benefits in an amount calculated as $22,120.00 would not be against equity and good conscience.

The Veteran's claim for a higher rating for his right hand disability is being remanded due to the need for additional VA examination and records.

The Veteran's appeal was granted, and he is now service-connected for dermatophytosis of the right great toenail with xerosis of both feet. However, no compensable rating has been assigned due to the nature and extent of his condition.

The Board has decided to remand the case for further medical examination and opinion regarding service connection for a left 3rd toe disorder and loss of feeling in the Veteran's feet.

The Board has granted an effective date of January 29, 2005 for the award of service connection for schizo-affective disorder.

The Veteran's appeal is being remanded due to the need for additional VA examinations and the provision of updated medical records.

The Veteran's claim for an extension of a temporary total rating based on right shoulder surgery beyond August 31, 2005 was denied as the surgery did not require convalescence beyond that date.

The Board denied the Veteran's claim for service connection for left orchiectomy, finding that there was no evidence of an in-service injury to his left testicle and thus unable to establish a nexus between any current condition and service.

The Board has determined that the Veteran's service-connected left hip disability renders him unable to care for most of his daily personal needs or to protect himself from the hazards and dangers incident to his daily environment without the assistance of another person, warranting special monthly compensation based on the need for regular aid and attendance.

The Veteran is seeking service connection for heart disabilities, including atrial fibrillation, which he claims are related to his diagnosed rheumatic fever. The case has been remanded due to the need for additional medical examination and consideration of new evidence.

The appellant's claim for nonservice-connected death pension benefits is denied as the deceased did not have the requisite type of service to establish entitlement.

The Board has remanded the case for further clarification and development of the appellant's entitlement to special monthly death pension based on need for regular aid and attendance, as this issue is inextricably intertwined with her claim for death pension benefits due to income exceeding the annual limit.

The Board denied the Veteran's attempt to reopen his claim of entitlement to service connection for a right foot disorder, concluding that new evidence did not show service aggravation.

The Board found that the appellant's deceased husband did not have qualifying service in the United States Armed Forces and therefore, he was not a veteran for VA benefits purposes. As a result, the appellant is not eligible for death benefits under the laws administered by VA.