Other conditions decisions — 2009

The Veteran's appeal is remanded for additional VA examinations to determine the current severity of his service-connected shell fragment wounds to the right and left legs, as well as an evaluation of his ability to maintain employment. Separate ratings for any scarring or neurological manifestations found are also required.

The Board found that the Veteran did not sustain an injury to his left foot during service, and there is no evidence of arthritis of the left foot within a year after separation from service. The most probative evidence indicates that any current left foot disorder is unrelated to service, including any injury in service.

The Board has granted service connection for the Veteran's claimed restless leg syndrome, finding that his current condition is related to his military service.

The Veteran's claim seeking an effective date prior to December 8, 2006 for the grant of special monthly pension (SMP) based on the need for regular aid and attendance (A&A) was denied as his claim was received after the November 2002 rating decision that denied him SMP.

The Veteran's claim for reimbursement of medical services provided at Trinity Regional Medical Center on May 21, 2007 is being remanded due to a VCAA notice defect.

The Veteran's skin disorder is presumed to be due to herbicide exposure during service in Vietnam. The case is remanded for a new VA examination and further development.

The Veteran's right foot disability, specifically hallux valgus of the right great toe, is rated at 20 percent. The Board has determined that his condition more nearly approximates a rating of 30 percent due to severe residuals of a foot injury.

The Board has determined that the Veteran does not have current residuals of syphilis and there is no evidence to support a finding that his current skin rashes or genitourinary problems are related to service. As such, service connection for syphilis is denied.

The Board has determined that the Veteran's cause of death, metastatic adenocarcinoma, is presumed to be service-connected due to exposure to herbicides during his service in the Republic of Vietnam.

The Board has denied service connection for cysts and diverticulitis as there is no evidence of these conditions during or after military service.

The Board has ordered additional development to determine if the Veteran attended required classes at RMTU, and whether he received overpayment of VA educational assistance benefits.

The VA determined that the appellant's abdominal surgery was not caused by fault on their part, and therefore denied his claim for compensation under 38 U.S.C. § 1151.

The Board has determined that the Veteran's claimed uterine fibroids and right eye disorder were not incurred or aggravated by service, resulting in a denial of both claims.

The Veteran's residuals of abdominal exploration with cholecystectomy and laceration of the liver are not shown to meet or approximate the criteria for a compensable rating under applicable VA rating criteria.

The Veteran's claim for an initial compensable rating for chondromalacia patella of the right knee was granted, but a higher rating is denied from March 10, 2009.

The Veteran died from hypothermia, and the Appellant is seeking service connection for his cause of death. The claim will be remanded to provide proper notice.

The Veteran's postgastrectomy syndrome with dumping syndrome has not met the criteria for a disability rating in excess of 20 percent.

The Veteran's service-connected reactive psychosis is currently not shown to be productive of a disability picture that meets the criteria for an evaluation in excess of 10 percent.

The Board has remanded the case for additional development and a travel board hearing.

The Board found that the Veteran's cause of death, liver failure due to metastatic cancer of unknown primary, was not related to his service or exposure to Agent Orange. The VA medical advisory opinion did not address a possible nexus between the Veteran's liver cancer and his service.