Other conditions decisions — 2009

The Veteran's blindness/macular degeneration is being remanded for a new medical opinion to address whether it was reasonably foreseeable and due to VA carelessness, negligence or fault.

The Veteran's claims for service connection for a heart murmur, depressive reaction (mental health), breast cancer, ovarian cysts, and tonsillitis were all denied. The Board found no new evidence to reopen any of these claims.,No new evidence was submitted that would support the reopening of any of the Veteran's claims.

The Veteran's claim for an earlier effective date of November 24, 1971, for a 30 percent evaluation for residuals of shell fragment wound to left muscle group XXII is denied as there was no ascertainable increase in disability within one year prior to the receipt of his claim.

The Veteran requested to withdraw his appeal regarding the issue of a total disability rating based on individual unemployability (TDIU). As a result, the Board dismissed the appeal.

The Board finds that the appellant does not have standing to file a claim for accrued benefits, and no valid claims were pending at the time of his mother's death. Therefore, the appeal is denied.

The Veteran's death was not caused by or related to his service-connected disabilities, and the claim for DIC benefits under 38 U.S.C.A. § 1318 is denied.

The Board has granted the petition to reopen and recognized A.M.O. as the Veteran's child for purposes of apportionment.

The Veteran's appeal is being remanded for additional development, including obtaining a VA audiogram from May 2007 and any relevant VA treatment records. The case will be readjudicated after this information is received.

The Veteran's claim for service connection of his current neck disorder is being remanded due to the need for a VA examination.

The Board has denied the Veteran's claim for reimbursement of unauthorized medical expenses incurred at a private facility on January 1, 2006. The decision is based on the lack of evidence showing that the Veteran was enrolled in the VA health care system within the required period prior to receiving the treatment.

The appellant seeks special monthly dependency and indemnity compensation (SMC or increased DIC) based on the need for aid and attendance or by reason of being housebound. The case is REMANDED to provide a VA medical examination to determine if she meets the criteria for SMC benefits.

The Veteran is seeking service connection for bilateral ear and eye disabilities, including hearing loss and tinnitus. The Board has found the Veteran's testimony credible regarding in-service acoustic trauma and exposure to weapons training. However, due to missing service records, a VA examination is needed to determine the etiology of his current bilateral ear disability (hearing loss and tinnitus) and bilateral eye disability.

The Board has remanded the case to the RO/AMC for additional development, including scheduling a VA examination during an active stage of the Veteran's malaria and obtaining his treatment records from the Detroit VA Medical Center since August 2008.

The Veteran's left leg varicose veins are productive of persistent edema, stasis pigmentation, and eczema. The Board finds that the evidence supports a 40 percent disability rating based on these symptoms.

The Board has determined that the Veteran's skin disability is related to his military service and grants the claim for service connection.

The Board denied the Veteran's claims for service connection for obstructive voiding with hesitancy secondary to diabetes mellitus and for an initial compensable disability rating for dizziness. The claim for TDIU was remanded.

The Board found that the Veteran's adenocarcinoma of the sigmoid colon was not incurred in or related to his active service, and specifically denied service connection based on a lack of evidence linking the condition to service.

The Board denied the Veteran's request to reopen his claim for service connection for a skin rash of the body, finding that no new and material evidence had been submitted.

The Veteran's seronegative arthritis has been rated at 40 percent since the rating period on appeal. The Board found no evidence of weight loss or incapacitating exacerbations, and thus denied a higher rating.

The Veteran's claim of entitlement to a TDIU rating prior to August 28, 2000 is granted. The effective date for the award of a TDIU rating is set at August 28, 2000.