Other conditions decisions — 2009

The Board denied the appellant's claim of entitlement to service connection for the cause of the Veteran's death, finding that there was no evidence linking the Veteran's fatal liver cancer to his service-connected diabetes mellitus or presumed exposure to herbicides in Vietnam. The Board concluded that the Veteran's fatal liver cancer was related to Hepatitis C which was incurred in service.

The Board has remanded the case for additional development, including obtaining VA and National Guard records and providing a VA examination to determine if the Veteran has any residuals of his in-service decompression sickness.

The Board found no evidence of current residuals from a gunshot wound to the chest incurred during service, and denied the Veteran's claim for service connection.

The Board denied service connection for the cause of the Veteran's death due to carcinoma of the rectum, finding that it did not originate in service and was not related to exposure to herbicides or ionizing radiation. The cancer was found to be a direct result of the Veteran's active duty service.

The Board denied service connection for facial nerve paralysis or a severed facial nerve claimed as a dental condition, and also denied entitlement to TDIU.

The Board denied the Veteran's claims for service connection for bilateral anterior-tibial compartment syndrome and an initial compensable evaluation for headaches.

The Board found that the Veteran's cause of death, peripheral vascular disease with an additional significant condition being infarction, was not related to his service and denied the claim for DIC benefits.

The Veteran's service-connected Eustachian tube dysfunction is currently rated at 10 percent, and the Board finds that an evaluation in excess of this rating is not warranted.

The Veteran's appeal is denied as he is no longer eligible for Montgomery GI Bill benefits due to the expiration of the 10-year window by which benefits must be used.

The Board has remanded the case for further development, including obtaining VA outpatient treatment records and a new VA examination to determine the etiology of any current circulatory disability of the lower extremities.

The Veteran's claim for benefits under 38 U.S.C.A. Chapter 18 for spina bifida as the child of a specified veteran is denied because his biological father did not serve in Vietnam and therefore does not qualify as a Vietnam veteran.

The Board has determined that the Veteran's chronic syncope with hot flashes is not related to service and therefore denied his claim for service connection. The secondary Agent Orange exposure claim was dismissed as moot due to a prior Board decision.

The Board found that the Veteran received additional compensation benefits for his former wife 'D' to which he was not entitled due to a divorce in October 1991, resulting in an overpayment of $6470. The Board concluded this overpayment was properly created.

The Board denied the Veteran's claims for service connection for loss of right fourth finger tip, heart disease, hiatal hernia with gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder. The evidence did not support a finding that these conditions were related to his military service.

The Veteran's appeal is remanded due to the need for additional medical records and an examination. The issue of entitlement to an increased evaluation for Barrett's esophagus remains in appellate status.

The Board has granted service connection for a right quadriceps muscle rupture and reopened the claim for service connection of a right hip disability. The effective date is set at April 27, 2005.

The Veteran's final military enlistment was terminated with a dishonorable discharge due to conviction of murder, which bars him from receiving nonservice-connected pension.

The Veteran is seeking service connection for the residuals of a nasal surgery he underwent during active duty. The Board has determined that additional development, including a new VA examination, is necessary to properly adjudicate his claim.

The Veteran is entitled to special monthly compensation at the maximum rate authorized under 38 U.S.C.A. § 1114(o) due to loss of use of both upper extremities and loss of use of both lower extremities, as a result of service-connected disabilities.

The Board has remanded the case due to VCAA notification issues and will be returned for further development.