Other conditions decisions — 2009

The Veteran's status post radical prostatectomy residuals are rated at 60 percent from May 13, 2008. The appeal is granted to this extent.

The Board has determined that the Veteran's rectal condition and urinary bladder stricture are not compensable under 38 U.S.C.A. § 1151 due to VA treatment for prostate cancer, as there is no evidence of carelessness or negligence on VA's part.

The Veteran's bullous emphysema has not met the criteria for a higher rating since August 16, 2003.

The Veteran does not have mitral valve prolapse that is attributable to his active military service and the Board finds that service connection for this condition is denied.

The Board has remanded the case due to incomplete verification of service. The appellant's claim for basic eligibility to VA benefits is pending.

The Board has remanded the case for additional development, including obtaining a VA examination report and scheduling another VA examination if necessary.

The Veteran's service-connected residuals of rheumatic fever were granted a 30 percent evaluation from June 2, 2004, through November 25, 2008. A higher rating is not warranted during this period.

The Board denied the Veteran's claims for higher initial ratings for his left and right knee disabilities, finding that the evidence did not support a rating higher than 10 percent.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing at the Oakland RO. The case will be returned to the Board after the hearing.

The Board denied a rating in excess of 10 percent for the Veteran's saddle nose deformity with nasal tip collapse, finding that it did not meet the criteria for a higher evaluation.

The Board found that the Veteran's pre-existing right arm fracture did not permanently increase in severity during service and was not incurred therein. The claim for service connection was denied.

The Veteran's claim for a rating in excess of 10 percent for traumatic arthritis of the right thumb was denied as there is no evidence showing that his symptoms warranted such an increase.

The Veteran's claims for service connection and increased ratings were denied, with the exception of a final denial of reopening previously denied claims. The effective dates for granted service connections are not addressed in this decision.

The Board has ordered a new examination to determine if the Veteran's current cardiovascular and neurological conditions are related to his service, including any use of thorazine during treatment for psychiatric issues in 1974-1975.

The Board found that the Veteran's cause of death, metastatic small cell undifferentiated cancer, was not caused by his service-connected conditions or presumed exposure to Agent Orange. The evidence did not support a finding that any service-connected condition contributed substantially or materially to his death.

The Veteran's appeal is being remanded to the RO for readjudication of his claim for an increased disability rating in excess of 60 percent for residuals of surgery for urethral stricture with incontinence, including the issue of TDIU. The VA must also make arrangements for a medical examination to determine the etiology of the Veteran's chronic renal failure and end-stage renal disease.

The Veteran's claim for nonservice-connected disability pension benefits is denied as he did not serve during a period of war and thus does not meet the eligibility criteria.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that the appellant is not entitled to a waiver of recovery for an overpayment of $8,149 due to duplicate payments for two deceased Veterans. The decision was made because recovery would not be against equity and good conscience.

The Board has decided to remand the case for further development, including obtaining SSA records and providing proper VCAA notice.