Other conditions decisions — 2009

The Veteran withdrew his appeal regarding the issue of entitlement to a TDIU rating.

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for additional disability to his left hand following carpel tunnel repair surgery in April 2005. The case is being remanded due to a lack of sufficient medical evidence to determine if VA's care caused the Veteran's current condition.

The Board has determined that the effective date for service connection for the cause of the Veteran's death cannot be earlier than October 11, 2005 due to lack of evidence of a claim prior to this date.

The Veteran's left eye vision loss/blindness is not deemed to be due to VA care, and the Board finds no fault on VA's part. Therefore, compensation under 38 U.S.C. § 1151 is denied.

The Board denied the Veteran's request to reduce his disability rating for left varicocele from 30% to 10%, effective December 1, 2008. The claim for an earlier effective date for service connection was also denied.

The Board denied the appellant's claim for payment of nonservice-connected death pension benefits due to her large net worth, which would be considered excessive and unreasonable to consume for her maintenance.

The Board found that new and material evidence had not been received to reopen the claim of service connection for CLL, which was previously denied in July 2005. The Veteran's statements regarding radiation exposure were deemed insufficient to establish a relationship between his CLL and service.

The Board has found the Veteran's testimony credible and his current disability is consistent with the injury claimed, leading to a decision granting service connection for residuals of a fracture of the right forearm.

The Veteran's appeal is remanded due to the need for additional evidence and clarification of certain medical records. The case will be reconsidered based on the new information.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that she did not meet the eligibility criteria for VA death benefits due to her remarriage before December 16, 2004.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board finds that the Veteran's service-connected respiratory disability contributed substantially to his death from myocardial infarction, and grants service connection for cause of death.

The Veteran's squamous cell carcinoma of the right tonsil and neck is found to be related to exposure to an herbicide agent in service, warranting service connection.

The Veteran's service-connected shell fragment wound, moderate, left leg, Muscle Group XI is currently rated at 10 percent and the right shoulder arthritis is rated at 30 percent. The claims for higher ratings are denied.

The Veteran's right eye disability, including retinal detachment and macular degeneration, is not considered to be due to VA care or negligence.

The Board has ordered a remand due to the need for an additional VA examination to clarify the relationship between the Veteran's May 2000 surgery and his current disabilities. The case is now returned to the Board for further action.

The Veteran's appeal is remanded for additional development, including obtaining medical records and considering an extraschedular evaluation. The case will be adjudicated again to determine if a higher initial rating can be granted for his service-connected headaches.

The Board has granted service connection for the Veteran's upper jaw injury and tooth loss, but denied outpatient dental treatment claims as they are not covered under VA's eligibility criteria.

The Veteran's bilateral defective hearing is related to noise exposure during his active duty service and the Board finds that this condition was incurred in service.

The Veteran's postoperative residuals of an uvulopalatopharyngoplasty are manifested by shortened soft palate with absent tonsils, speech impairment, dysphagia, and evidence of delayed pharyngeal swallowing. The Board has assigned a 50 percent disability rating for this condition.