Other conditions decisions — 2009

The Board denied the Veteran's request to reopen his claim for service connection for post-operative bilateral testicular disorder, including scrotal orchidopexy residuals due to lack of new and material evidence.

The Veteran's appeal is denied as he does not meet the basic eligibility requirements for VA educational benefits under Chapter 30, Title 38, United States Code.

The Veteran's muscle injury residuals due to appendectomy and operation for abscess of the abdominal wallet are not productive of severe disability, thus his claim for a higher rating is denied. His gastrointestinal disabilities do not meet the criteria for a higher rating.

The Board granted a 10 percent rating for the service-connected NHL from December 10, 2001 to November 4, 2004, and from August 1, 2005. Separate ratings were also granted for residual peripheral neuropathy of the upper right and left extremities and the right lower extremity.

The Board has determined that the Veteran's service-connected gunshot wound to the chest contributed substantially or materially to his death by respiratory failure due to pneumonia, and thus grants service connection for the cause of the Veteran's death.

The VA denied the Veteran's claim for an initial rating in excess of 10 percent for his service-connected chronic left rhomboid and trapezius spasm and strain, assigning a 10 percent disability rating.

The Board has determined that the appellant's claim for service connection for residuals of a right hip fracture with pelvic fracture requires further development, including scheduling a VA examination to determine if her current disability is related to an injury during her period of active duty from May 2002 to August 2002. The appeal will be remanded for this purpose.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for neurological impairment of the right lower lip resulting from oral surgery at a VA facility was denied as there is no evidence of an additional disability and the proximate cause of any such disability was not due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on VA's part.

The Board denied the claim for service connection for the cause of death, finding that there was no direct relationship between the Veteran's military service and his fatal heart attack. The Board also found that there is no credible medical evidence linking any condition to the Veteran's military service.

The Board has determined that the appellant's claim for an earlier effective date of Dependency and Indemnity Compensation benefits is denied as her application with Social Security Administration (SSA) did not constitute a claim for VA DIC benefits.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence linking his death to service or a service-connected condition.

The Board found that there is no current diagnosis of a right elbow disability and thus denied the Veteran's claim for service connection.

The Board found no current medical diagnosis of a left elbow disability and denied the Veteran's claim for service connection.

The Board has remanded the case due to incomplete information regarding radiation exposure during service, and further development is needed.

The appellant's DIC benefits were terminated due to her remarriage, and she is denied restoration of these benefits as a matter of law.

The Veteran's application for waiver of insurance premiums was denied because he did not meet the eligibility criteria under 38 U.S.C.A. § 1912, as he did not become totally disabled prior to his 65th birthday.

The Board found that the Veteran does not have a disability relating to residuals from removal of a foreign body from his left inner foot, and concluded that narcolepsy was not incurred in or aggravated during active military service.

The Board has reopened the Veteran's claim and granted service connection for residuals of a back injury, finding that the evidence is in equipoise regarding whether his current condition is related to military service.

The Board has remanded the case due to issues related to the propriety of severing service connection for the cause of the Veteran's death, and additional development is required.

The Veteran's Crohn's disease is currently rated at 30 percent, and the evidence does not support a higher rating as he does not meet the criteria for malnutrition.