Other conditions decisions — 2009

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence of hypertension or other cardiovascular disorders during his active service to the U.S. Army or within one year following service.

The Veteran's delimiting date for MGIB education benefits was properly adjusted to October 8, 2004; there is no basis for extending the eligibility period.

The Veteran's depressive neurosis and difficulty concentrating as residuals of basilar skull fracture were granted a rating of 50 percent effective from February 23, 2004. A separate increased rating to 70 percent was granted effective from February 15, 2008.

The Veteran's service-connected residuals of a tonsillectomy do not result in any compensable disability rating, and his claims for secondary service connection for other conditions are also denied.

The Veteran's case is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess his service-connected disability. The TDIU claim must also be addressed.

The VA determined that the Veteran's current upper right leg injury and arthritis pre-existed his service, and thus cannot be presumed to have been incurred or aggravated by service. The Board found no evidence of aggravation during service.

The Board has remanded the case for further development due to insufficient rationale in the examiner's opinion regarding the relationship between the Veteran's myeloproliferative disorder and his service-connected malaria.

The Board found that the termination of the Veteran's nonservice-connected disability pension benefits effective April 1, 1997 was appropriate due to his and his child's receipt of Social Security income exceeding the maximum permissible limit for payment of a VA pension.

The Veteran's claim for an increased rating for prostate cancer residuals is remanded due to conflicting statements regarding undergarment changes and the need for a new examination.

The Board has determined that the Veteran's total left hip replacement, due to avascular necrosis, was likely caused by an in-service injury and is therefore service-connected.

The Board has remanded the case for additional development, including obtaining VA treatment records and affording the Veteran an appropriate examination. The issue of entitlement to a higher rating for pilonidal cyst disease remains on appeal.

The Board denied the appellant's claims for DIC benefits and service connection for the cause of her husband's death. The Veteran was not found to have a service-connected disability that caused or contributed substantially or materially to his death, which included carcinoma of the tongue with metastasis.

The VA determined that the Veteran's left foot disability, which is a fracture of the fourth toe, does not warrant a compensable rating under the applicable diagnostic codes.

The Veteran's claim for reimbursement of private medical expenses incurred at Hillview Chiropractic Clinic from January 22, 2003 to October 1, 2003 is denied as the treatments were not authorized by VA and did not result from a medical emergency.

The Veteran's claim for an initial compensable rating for the service-connected otomastoiditis of his left ear is being REMANDED to the RO via the AMC in Washington, DC.

The Veteran's amyloidosis, which is presumed to have been caused by his exposure to herbicides in the Republic of Vietnam during service, substantially contributed to his death. Therefore, the Board finds that he is entitled to service connection for the cause of his death.

The Veteran's claim for service connection for a sinus condition, due to asbestos or herbicide exposure, is denied as there is no current evidence of a chronic respiratory disability and the medical nexus between any such disability and service is not established.

The Veteran's stroke residuals are not deemed to be due to VA care, resulting in additional disability. The preponderance of evidence is against the claim.

The Veteran's service-connected hepatic schistosomiasis and cholelithiasis (gallbladder condition) have not resulted in any current disabilities or symptoms that warrant increased ratings. The Board denied both the claim for an increased rating and the claim for service connection.

The Board has reopened the Veteran's claim and granted service connection for a rash of the back and legs, which constitutes a complete grant of the benefit sought on appeal.