Other conditions decisions — 2009

The Veteran's service connection claims for residuals of back and spine injuries, muscle aches and swelling, burning and itching eyes, vision loss, swollen joints, headaches, and insomnia have all been denied as not related to his military service.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for arthritis of the right hip.

The Veteran's claim for an earlier effective date of service connection for a psychotic disorder, NOS based on clear and unmistakable error (CUE) in the January 2001 rating decision is denied. The Board found that there was no CUE in the January 2001 rating decision as the Veteran had not filed a claim for service connection at the time of the decision.

The Board found that the Veteran's claimed chronic respiratory disorder was not present in service or until years thereafter and is not etiologically related to service. As a result, the claim for service connection was denied.

The Veteran's claim for a waiver of recovery of an overpayment was denied as the RO properly discontinued his VA disability compensation benefits based on his fugitive felon status.

The Board has remanded the case for additional development due to unclear etiology of the appellant's benign essential tremors, which may have predated service or been aggravated during service.

The Veteran's varicose veins of the left leg were not present during active service and are not etiologically related to his military service or a service-connected disability. The claim is denied.

The Board has determined that there is no evidence of current disabilities related to the Veteran's claimed shrapnel wounds from service, and thus denied his claim for service connection.

The Veteran's claim for nonservice-connected pension is denied as he did not serve during a period of war and thus does not meet the basic eligibility requirements.

The Board has decided to remand the case for additional development, including obtaining medical records and arranging for a VA examination.

The Veteran's appeal is being remanded due to the need for a Travel Board Hearing.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records.

The Veteran's appeal for an earlier effective date for a total rating for compensation based on individual unemployability due to service-connected disabilities was dismissed as the February 2004 Board decision is final and his August 2004 notice of disagreement was not a valid appeal.

The Veteran's request for waiver of recovery of an overpayment of non-service-connected disability pension benefits in the amount of $4,158.00 was timely filed and granted.

The Board found that the Veteran's development of extramammary Paget's disease was not caused by VA treatment, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Veteran's larynx cancer with laryngectomy was not incurred in service and is not related to service. The claim for service connection has been denied.

The Veteran's claim for service connection for femoral nerve impairment of the right groin was first received on February 24, 1995. The Board found that this claim did not predate this date and denied a request for an earlier effective date.

Since May 23, 2006, the Veteran's service-connected residuals, status post duodenal ulcer with post-operative subtotal gastrectomy and dumping syndrome, have not been manifested by severe symptoms associated with circulatory disturbance after meals, hypoglycemic symptoms, and weight loss with malnutrition and anemia. As well, the objective medical evidence does not show symptoms of pain, vomiting, material weight loss, and hematemesis or melena with moderate anemia, or other symptom combinations productive of severe impairment of health.

The Board found that new and material evidence had not been received to reopen the claim for service connection for diaphragmatic adhesions of the left hemidiaphragm with fibrous healed pleuritis of the left lung base, as the provided medical records do not relate the current disability to service.