Other conditions decisions — 2009

The Veteran's back disorder, including scoliosis, is not related to his service. His claim for service connection has been denied.

The Veteran's appeal is being remanded due to the need for additional records and an examination. The Veteran contends he should be service connected for residuals of malaria, which he claims occurred during his military service in the Philippines.

The Veteran's appeal is being remanded for additional development, including obtaining VA dental treatment records and scheduling a VA examination to determine the nature and etiology of any currently identified dental disorder.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran's squamous cell carcinoma is attributable to exposure to Agent Orange in service and whether he has soft-tissue sarcoma specifically malignant granular cell tumors of the hands and fingers.

The Board denied the appellant's claim for basic eligibility to nonservice-connected death pension benefits as her late husband had service as a member of the Philippine recognized guerrillas during World War II, which does not qualify him for VA disability pension.

The Veteran's claim for service connection for a lung condition was denied as there is no current evidence of a chronic lung disability.

The Veteran died of a non-service-connected disability and did not meet the criteria for burial or plot/interment benefits as per VA regulations. The claim is denied.

The Board found that the Veteran's spastic colon was not incurred in or aggravated by service and may not be presumed to have been incurred due to herbicide exposure. The claim for service connection was denied.

The Veteran's appeal is being remanded to obtain additional development, including obtaining employment records and treatment records. The case will be returned for further review.

The Veteran's residuals of a cold injury to the feet were found to be incurred in service and granted.

The Board denied the claim for service connection for a chronic disability manifested by neck pain, finding that there was no evidence of a current disability related to service.

The Veteran seeks service connection for Grave's disease, which he claims is related to his exposure during Operation Dominic I. The Board has ordered additional development including obtaining dosimetry data and requesting an opinion from the Under Secretary for Benefits regarding whether there is sound scientific and medical evidence supporting a link between the Veteran's radiation exposure and his condition.

The Board denied the appellant's claim for a dependency allowance for her great-granddaughter D.B. as she cannot be deemed to be a 'child' of the Veteran for VA compensation purposes.

The Board denied the appellant's claim for a special apportionment of the Veteran's compensation benefits, finding that she did not demonstrate hardship and thus her initial requirement under 38 C.F.R. § 3.451 of demonstrating hardship has not been met.

The Board has granted a 30 percent rating for the Veteran's service-connected right and left lower extremity compartment release disabilities, effective from March 1, 2004.

The Board has ordered additional development due to the need for private medical records from Dr. DP, a pulmonologist who treated the Veteran during his lifetime.

The Board has remanded the case due to insufficient evidence regarding the presumption of soundness and aggravation of the Veteran's foot disorder during his second period of active duty.

The Board dismissed the appeal due to the death of the appellant.

The Veteran's service-connected exercised-induced compartment syndrome with history of shin splints has been rated at 10 percent for both lower extremities. The VA examinations have consistently found moderate symptoms, such as pain and tightness upon exertion that is relieved by rest.

The Veteran's appeal is denied as his request for an extension of the delimiting date for education assistance benefits pursuant to Chapter 1606, Title 10, United States Code was not granted due to lack of additional periods of mobilization and because he did not enroll in the educational program until after his original period of eligibility ended.