Other conditions decisions — 2009

The Board denied the Veteran's claim for service connection for chronic residuals of a right hand injury, finding that there was no evidence of an in-service injury and that any current condition is not related to service.

The appellant's child was born with a midline suboccipital encephalocele, which is not considered spina bifida for purposes of Chapter 18 benefits under the provisions of VA General Counsel precedent opinion.

The Board denied the Veteran's claim as his son, A. E., could not be recognized as a child for VA purposes due to insufficient documentation of enrollment and attendance in a church school.

The Veteran is found not competent to handle VA funds due to mental incapacity.

The Board denied service connection for teeth numbered 2 and 15, finding no evidence of in-service trauma or other service-connected condition that could be linked to these teeth.

The Board has determined that the Veteran's skin condition, including jungle rot, had its onset during active duty and granted service connection for this condition.

The Board found that the Veteran's basal cell carcinoma and actinic keratoses, which did not manifest in service or within the first postservice year, are not causally related to active service. Therefore, service connection for a skin disorder is denied.

The Veteran's residuals of prostate cancer are not productive of the criteria for a higher evaluation, and his claims for TDIU were denied.

The Board has ordered the Department of Veterans Affairs (VA) to obtain a copy of a January 2006 letter from the Veteran's attorney, which was not previously included in their file. The VA must then review and complete any additional development needed before readjudicating the claims on appeal.

The Veteran's claim for an increased rating and extraschedular evaluation for his post-operative residuals of a right L5-S1 partial hemilaminectomy and diskectomy was denied. He is currently rated at 40%.

The Board found that the Veteran's scoliosis was a congenital defect that existed prior to service and is not service-connected. However, the low back injury sustained during service aggravated his pre-existing scoliosis, warranting service connection for spondylolisthesis.

The Board has determined that the Veteran does not have residuals of a left eye injury or a skin disorder, and thus service connection for these conditions is denied.

The Board has determined that the Veteran's Raynaud's syndrome warrants a disability rating of 40 percent, effective from when the claim was filed.

The Veteran's claim for service connection for impotence was originally filed on July 20, 1998. The effective date of the award is set at the date of receipt of his original claim.

The Board denied reopening the claim for service connection due to lack of new and material evidence, resulting in a denial.

The Board denied the Veteran's claim for service connection for residuals of a left eye injury as he failed to report for scheduled VA examinations without good cause.

The Veteran's claim for an increased rating for his service-connected residuals of fracture of left distal tibia and fibula is being remanded due to the need for additional evidence, including x-rays.

The Board has remanded the case due to inadequate notice provided in the March 2008 letter, and further development is required.

The Veteran's laryngeal cancer was not incurred in or aggravated by service, and the Board denied his claim as there is no evidence of exposure to Agent Orange. The preponderance of the evidence does not support a finding that the Veteran had service in Vietnam.

The appeal for death pension benefits and accrued benefits has been dismissed due to the appellant's representative withdrawing the appeal. The case is being remanded for additional development regarding DIC benefits, including under 38 U.S.C. § 1151.