Other conditions decisions — 2009

The Veteran's claim for service connection for testicular cancer, which he claims is due to herbicide exposure during his military service in the Gulf War, has been remanded for further development including a VA examination and proper notice.

The Board denied the Veteran's claim for service connection for emphysema, finding that there was no evidence linking his current condition to his military service or any incident therein.

The Veteran's appeal is dismissed as the claim for compensation benefits under 38 U.S.C.A. § 1151 for mandible loss due to VA medical treatment cannot be granted because the additional claimed disability (mandible loss) is already service connected.

The Veteran's lung problems, claimed as secondary to herbicide exposure, were not incurred in or aggravated by his active service and the Board denied the claim.

The Veteran's total abdominal hysterectomy occurred prior to her active service and is not considered aggravated by service. The claim for menopausal symptoms related to the pre-service hysterectomy is denied.

The Veteran's appeal is being remanded due to scheduling issues for a VA examination at the Philadelphia VAMC. The case will be reconsidered after the examination.

The Board denied the appellant's claim of entitlement to service connection for the cause of her husband's death, finding that there was no evidence linking his death to any condition incurred or aggravated during service.

The Board determined that the Veteran's myelodysplasia with leukopenia was not incurred in or aggravated by his military service and is unrelated to any incident of service. The claim for service connection was denied.

The Veteran's service-connected degenerative joint disease, residuals of fracture, right wrist is currently rated at 10 percent and the claim for an evaluation in excess of this has been denied.

The Board has determined that the appellant did not have qualifying military service and therefore is not eligible for VA benefits.

The Board is remanding the appeal of the December 1997 rating decision in order for the RO to consider that evidence and all other relevant evidence submitted to or obtained by the RO since November 2007.

The Veteran seeks service connection for Crohn's disease, a gastrointestinal disability. The Board has decided to remand the case due to unclear relationship between his pre-service gastritis and current symptoms.

The Veteran's claim for special monthly compensation based on loss of use of a creative organ is denied as the loss arose from his nonservice-connected penile excision.

The Veteran's residuals of a right elbow dislocation are currently rated at 20 percent, but the Board finds that his condition does not warrant a higher rating as there is no evidence of ankylosis, flail joint, loss of bone, or neurological impairment.

The Board found that the Veteran does not have chronic pancreatitis as a result of disease or injury incurred in or aggravated by his military service.

The Board denied the Veteran's claim for an annual clothing allowance at the full-dollar rate due to lack of eligibility based on his current residence in the Philippines and not being a U.S. citizen or alien lawfully admitted for permanent resident.

The Veteran's claim for waiver of overpayment in the amount of $5,138.00 for VA pension benefits has been dismissed due to his death.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the etiology of any current gynecological disorders.

The Board has denied the Veteran's claims for service connection for a stomach disorder, including abdominal pain and hiatal hernia, colon cancer, and a mental disorder, claimed as stress. The evidence does not establish that any of these conditions were incurred or aggravated by military service.

The Veteran's right leg condition (hypesthesia referable to the distribution of the anterior femoral cutaneous nerve) is attributable to an injury sustained in service, and the Board finds that it was incurred as a result of his service.