Other conditions decisions — 2009

The Board found that the Veteran's squamous cell carcinoma of the tongue is presumed to be due to herbicide exposure during service, and granted service connection for this condition. The Board also found that damage to the saliva glands and taste buds are secondary to the service-connected squamous cell carcinoma.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure at Oak Ridge, Tennessee. The case will be reviewed again after a radiation dose estimate is provided based on his service.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for nerve damage to the back and legs resulting from a spinal epidural steroid injection performed by VA in December 2002. The Board has determined that further development, including obtaining medical opinions and reviewing consent forms, is necessary before final decision.

The Board found that the appellant's income exceeded the maximum allowable pension rate for a surviving spouse with no dependents, leading to termination of her VA improved death pension benefits effective October 1, 1999.

The Veteran's request for compensation under the provisions of 38 U.S.C.A. § 1151 for eye disabilities is on appeal and a hearing has been scheduled but not attended by the Veteran. The case must be remanded to schedule a videoconference hearing.

The Board finds that the Veteran's bone loss due to teeth extractions in service is not eligible for VA compensation.

The Veteran's military service does not meet the threshold requirements for VA nonservice-connected pension benefits due to lack of active duty during a period of war.

The Board found that the appellant's peripheral vascular disease was not incurred in or aggravated by active service and denied his claims.

The Veteran's surviving spouse received VA benefits, and the appellant is seeking reimbursement for expenses related to her mother's last sickness and burial. The claim is denied as the appellant is not entitled to payment beyond the $761 already reimbursed by the RO.

The Board has remanded the case due to insufficient evidence regarding the Veteran's skin disorder and its relation to service, specifically herbicide exposure. The Veteran is presumed to have been exposed to herbicides during his military service.

The Board has remanded the case due to incomplete service records and a need for further development regarding the Veteran's exposure to ionizing radiation at Killeen Base, Texas. The appellant claims that the cause of her husband's death was due to radiation exposure during his military service.

The Veteran's loss of left testicle is not service-connected due to it being a congenital defect. However, the Veteran was granted service connection for his hernia, left side, as he sustained a superimposed injury during service.

The Veteran's service was less than 90 days, making him ineligible for nonservice-connected disability pension benefits.

The Board has determined that further development is necessary to determine whether the Veteran acted in bad faith by indicating in his original application for SSA benefits that it was in process, and then failing to notify VA of his receipt of those benefits. The case will be remanded to the Committee for readjudication.

The Board denied the Veteran's claim for an initial compensable rating for TMJ pain, and also denied his claims for service connection for PTSD, bilateral hearing loss, low back disability, left knee disability, and right shoulder disability.

The Veteran withdrew her appeal before the Board could make a decision.

The Board has denied the Veteran's claims for increased initial evaluations for her service-connected endometriosis and adhesive disease, finding that the evidence does not show a need for continuous treatment or symptoms requiring control by continuous treatment.

The Veteran's claim for specially adapted housing is denied as he does not meet the eligibility requirements, specifically lacking anatomical loss or use of at least one lower extremity.

The Board has granted service connection for the Veteran's residuals of right eye trauma, finding that his preexisting condition worsened during service.

The Board has reopened the claim of service connection for Reiter's syndrome and has determined that it is related to service-connected shigellosis. The Veteran also has a current arthritic joint condition, which is also linked to his service-connected shigellosis.