Other conditions decisions — 2009

The appellant is seeking to establish service connection for the cause of her husband's death, which resulted from terminal cancer. However, there is conflicting evidence regarding the primary source of the Veteran's cancer and a remand is necessary to obtain further clarification.

The Veteran's lung cancer residuals are currently rated as 30 percent disabling since October 1, 2007. The Board finds that a higher rating is not warranted.

The appellant's stepfather is not eligible for Survivors' and Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, because she was over the age of 26 at the time her application was submitted.

The Veteran's claim for earlier effective date for death pension benefits was denied as there is no objective evidence of an informal claim filed by the appellant prior to June 26, 2007.

The Veteran's claim for service connection for a left eye disorder is being remanded due to the need to obtain and consider his treatment records from Brick Hospital at Fort Knox.

The Board found that the Appellant had a pre-existing right shoulder disorder prior to his entry into active duty. Despite this, clear and unmistakable evidence indicated that the condition was not aggravated by any incident of active service.

The Veteran's private medical expenses incurred from October 25, 2007 to October 31, 2007 at University Hospital were not covered by VA due to lack of prior authorization and the Veteran's Medicare coverage.

The Board found that the Veteran's HIV-related illness was not caused or aggravated during his periods of active service, and is unrelated to any aspect of his active service, including his service-connected major depressive disorder. As a result, the claim for service connection for HIV-related illness has been denied.

The Board has denied the Veteran's claims for service connection for a sinus disorder and heat exhaustion, finding no current diagnoses corresponding to these conditions. The claim for service connection for a skin disorder is addressed in the REMAND portion of the decision.

The Board has remanded the case for additional development, including scheduling a VA orthopedic examination and associating all Chillicothe VAMC clinical records with the claims file.

The Veteran claims service connection for leucopenia/leukemia as a result of exposure to radiation during military service. The Board has ordered remand due to the need for further verification of the claimed incident of radiation exposure.

The Veteran is seeking an earlier effective date for the award of a total disability rating based on individual unemployability due to service-connected disability (TDIU). The case has been remanded for additional development, including obtaining Social Security Administration records.

The Board has remanded the case due to the Veteran's refusal of VA examinations and other procedural issues.

The Veteran's SCLE has required constant or near-constant systemic therapy, specifically Plaquenil, and the Board finds that he meets the criteria for a rating of 60 percent under DC 7806.

The Board has granted an increased evaluation for the right third metacarpal fracture residuals disability, and service connection is granted for right carpal tunnel syndrome (CTS) and ulnar neuropathy as secondary to the service-connected right third metacarpal fracture.

The VA determined that the Veteran's left foot contusion does not warrant a higher disability rating, as it is currently manifested by symptoms of pain and numbness without more significant functional impairment.

The Board denied the Veteran's claims for service connection for a hysterectomy, presbyopia, and bilateral fifth toe amputations as new and material evidence had not been submitted to reopen these previously denied claims.

The Board finds that the ending date of October 28, 2004 for the Veteran's course enrollment is correct and denies the claim.

The Board has remanded the case for further development and consideration of new evidence submitted by the appellant, including a veteran's identification card and stock certificates.

The Board found that the Veteran's residuals of a head and neck injury did not manifest during service or be causally related to active service, thus denying his claim for service connection.