Other conditions decisions — 2009

The Veteran's claim for compensation under the provisions of 38 U.S.C. § 1151 for a right leg disorder, claimed as a result of VA medical treatment in March 2001 is being remanded due to the need for additional development.

The Board has ordered a remand to recalculcate the Veteran's indebtedness due to overpayment of disability compensation benefits, taking into account the correct rate of monthly withholding.

The Board has determined that the Veteran's claimed sinus condition was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran's tanned facial skin with lentigines is rated at 10 percent, and no higher. The right elbow sprain remains rated at 30 percent as of November 17, 2008.

The Board has granted the Veteran's petition to reopen his claim of service connection for cold injuries to both hands, finding that new and material evidence has been submitted. The case is now remanded for further development.

The Veteran's death was not caused by a service-connected disability, and the appellant did not meet the criteria for dependency and indemnity compensation under 38 U.S.C.A. § 1318.

The Veteran's service-connected residuals of fractures of the right fifth finger are currently rated at 10 percent, and his claim for a higher rating is granted. The Board also found that he has a disability manifested by hematuria and/or bleeding from the penis which was incurred in service.

The Veteran's lung condition is being remanded for further development, including a VA examination to determine if it is related to asbestos exposure during service.

The Veteran does not have PTSD, but has a mood disorder, not otherwise specified (NOS), with severe anxiety, depression and psychotic symptoms that is related to service.

The Board found that the Veteran's August 2002 pulmonary thromboembolism with infarct and residuals were not caused by VA error or negligence, thus denying her claim for compensation under 38 U.S.C.A. § 1151.

The Veteran's claim for higher ratings for hammertoes of both feet was denied. The current 10 percent rating is the maximum assignable under the applicable diagnostic codes.

The Board has denied the Veteran's claim of reopening his service connection for neuritis of the left thigh due to lack of new and material evidence.

The August 1983 RO decision denied the Veteran's claim for service connection for a skin disability, including as due to exposure to Agent Orange. The current appeal is about reopening this previously denied claim.

The Board has ordered additional development to determine if the Veteran's small cell carcinoma was caused by his service as a missile guidance technician, including exposure to chemicals in missiles. The case will be remanded for further review and medical opinions.

The appellant is seeking to overturn previous decisions by the RO that denied her DIC benefits under 38 U.S.C.A. § 1318 on the grounds of CUE, and she has requested a hearing before a member of the Board.

The Veteran's claim for a higher disability rating for residuals of a fractured jaw was denied as he failed to report for the scheduled VA examination without showing good cause.

The Veteran's Charcot-Marie-Tooth Syndrome was found to have existed prior to service and did not increase in severity beyond its natural progression during active military service.

The Board found no evidence of an eye disorder during service or for more than 50 years thereafter, and there is no competent evidence linking the current diagnosis to service. Therefore, the claim for service connection for an eye disorder was denied.

The Veteran's claims for increased disability ratings for left foot CWI residuals and RSD were denied as the combined evaluation of his service-connected disabilities exceeds the maximum allowable under the amputation rule.

The Board found that the Veteran's metastatic spindle cell sarcoma, which caused his death, was not incurred in or aggravated by service and did not have a direct relationship to any service-connected disability. The cause of death is therefore denied.