Other conditions decisions — 2009

The Board has remanded the case for further development, including obtaining medical records from Dr. Taylor and Dr. Goodman.

The Board has determined that the evidence submitted since the September 1994 rating decision is not new and material, thus denying the reopening of the claim for service connection for cardiovascular disease.

The Veteran's appeal is remanded for additional development, including a VA examination to determine the current severity of his service-connected neurocardiogenic syncope and an evaluation of whether referral for extraschedular consideration is warranted.

The Board has determined that the Veteran's cause of death, pulmonary fibrosis, was not caused by or related to his active duty service. The Board also found no evidence of asbestos exposure during service and concluded that a preponderance of the evidence did not support a finding that the Veteran died as a result of asbestos exposure.

The Veteran's claim for service connection for a chronic respiratory disorder, to include as due to asbestos exposure is denied. The Board found that the current respiratory disorder did not manifest during service or for years thereafter and was not related to any incident of service.

The Board denied the appellant's claims for service connection for cancer (mesothelioma of the left lung) for accrued purposes only, for service connection for the Veteran's cause of death, and for eligibility for Survivors' and Dependents' Educational Assistance under Chapter 35. The evidence did not show a diagnosis or etiology linking mesothelioma to military service.

The Veteran's service-connected postoperative varicose veins of the right lower extremity have not manifested persistent edema, which is required for a higher evaluation.

The Veteran is seeking a waiver of an overpayment of VA pension benefits in the amount of $27,595.29 and challenges its validity. The RO has not adjudicated whether the overpayment was properly created.

The Board has determined that the appellant was not permanently incapable of self-support prior to reaching the age of 18 years, and therefore is not entitled to VA benefits as a helpless child of the Veteran.

The Veteran's appeal is being remanded for further development and consideration of his claim for payment or reimbursement of medical expenses incurred from July 20, 2003 to July 23, 2003 at Mercy Medical Center in Redding, California.

The Board has granted service connection for cold injury residuals of the left hand and right hand, finding that the Veteran's current Raynaud's syndrome in his hands is related to his in-service exposure to cold weather conditions.

The Veteran's condyloma accuminata, which consists of benign superficial lesions in a non-exposed area covering less than 1 percent of the total body and not affecting function, is rated at 10% due to frequent loss of covering caused by topical treatments. The condition does not meet criteria for higher ratings based on other diagnostic codes.

The Board has determined that an effective date earlier than January 10, 2001 for the grant of service connection for the cause of the service member's death is not warranted.

The Veteran's claim for a rating in excess of 30 percent for his aortic insufficiency, status post valve replacement is being remanded due to the need to obtain VA treatment records from Hartford Hospital.

The Veteran's claim for an earlier effective date for the grant of service connection for residuals of frozen feet with nerve end damage was denied. The Board found that the Veteran did not submit a valid notice of disagreement within one year of the April 1946 rating decision, and thus, his appeal is not timely.

The Board denied service connection for the cause of the Veteran's death due to lack of evidence linking the cancer to military service or herbicide exposure.

The Board denied the Veteran's claim for service connection for squamous cell carcinoma of his right anterior vocal cord/larynx, finding that it was not incurred or aggravated by active service and could not be presumed to have been so incurred or aggravated due to radiation exposure.

The Board has remanded the case for additional development and a supplemental statement of the case.

The Board found no evidence of a facial injury in service and concluded that the Veteran's loss of teeth was not related to his military service. The claim for compensation purposes is denied, but the Veteran may still be eligible for VA outpatient dental treatment.

The Board has determined that the Veteran's chronic adjustment disorder does not warrant an initial rating in excess of 30 percent, as his symptoms do not meet the criteria for a higher evaluation.