Other conditions decisions — 2009

The Veteran's appeal for TDIU benefits has been dismissed as the AMC awarded these benefits in a March 2009 rating decision, and no further issues remain on appeal.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's TDIU claim is being remanded for a VA examination to assess her employability due to service-connected disabilities, and the readjudication of her case.

The Veteran's actinic keratosis with excision of squamous cell carcinoma affects approximately 65 percent of his total body and 15 percent of exposed surfaces, warranting an initial 60 percent rating.

The Board has granted the Veteran's claim to reopen his service connection for a bilateral knee disorder, diagnosed as DJD. The Board found that new and material evidence had been submitted since the last final denial of the claim in May 1992, including private medical records and an opinion linking the current condition to active duty service. As a result, the Veteran is now entitled to presumptive service connection for his bilateral knee disorder.

The Veteran's lumbar spine disorder is not productive of limitation of motion or degenerative disc symptomatology that meets the criteria for a higher evaluation. The Veteran's PTSD has been granted at 70 percent since August 11, 2004, but there is no indication that he was entitled to a 50 percent evaluation prior to April 4, 2002.

The appellant is not recognized as the surviving spouse of the Veteran for purposes of VA death benefits.

The Veteran's disk herniation at L5-S1 with spinal canal stenosis is currently manifested by forward flexion of the thoracolumbar spine limited to 40 degrees, which warrants a 20 percent rating under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran does not have ankylosis or other conditions that would warrant higher ratings.

The Board has granted an increased disability rating of 60 percent for the Veteran's service-connected gastrointestinal disability, finding that his condition meets the criteria for such a rating.

The Board has decided to remand the case for further development, including obtaining VA and private treatment records, scheduling a VA examination, and requesting additional information from the Veteran.

The Board found no evidence of a chronic residual disability of a 'broken' tooth during service and concluded that the Veteran's current condition is not related to his military service. The appeal was denied.

The case is being remanded to schedule the appellant for a video hearing due to an outdated mailing address.

The Veteran's appeal for service connection for an injury to the right upper chest was found timely, and his claim is now on the merits. The issue of entitlement to service connection for PTSD remains pending.

The Board denied the appellant's claim for status as a veteran for VA benefits due to her lack of service with the U.S. Armed Forces.

The Veteran claims compensation for the residuals of osteomyelitis and staphylococcus aureus infection of the right ankle due to VA medical treatment. The Board finds that additional development is needed, including obtaining all outstanding Salem VAMC records from July 2000 to March 2001.

The Board has determined that the evidence submitted since the July 1986 rating decision is not new and material, thus denying the reopening of the claim for service connection for a perforated left eardrum.

The Veteran's appeal for service connection for a sinus disability has been withdrawn by the appellant prior to the Board's decision.

The Board has determined that additional development of the evidence is required to properly address the Veteran's request for waiver of recovery of overpayment of nonservice-connected disability pension benefits. Specifically, a paid and due audit of the Veteran's pension account since October 2004 needs to be produced, followed by an updated Financial Status Report (FSR) from the Veteran. The Committee should then determine whether the debt is valid and properly created, including consideration of whether it was the result of sole administrative error by VA. If any portion of the overpayment remains unpaid after these determinations, a formal decision on waiver will be issued.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for recurrent paroxysmal atrial fibrillation, which is now considered a heart condition. The Veteran's current diagnosis of recurrent paroxysmal atrial fibrillation is found to be related to his active military service.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence linking his gastric and lung cancer to service or any reported exposure to herbicides. The Board also found that the conditions were not incurred in service.