Other conditions decisions — 2009

The Board found that the Veteran's death from multiple myeloma was not caused by a service-connected disability, and thus denied service connection for the cause of death.

The Veteran's back injury residuals are currently rated at 20 percent, and the claim for an increased rating is granted.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that his death was due to his own willful misconduct and not in line of duty. The appeal is dismissed as she lacks eligibility for VA benefits.

The Board has ordered additional development to be completed, including obtaining Social Security Administration records and determining the character of discharge for the Veteran's second period of service. The case will then be readjudicated based on all pertinent evidence.

The Board finds that the Veteran's myotonic dystrophy, type 2, is etiologically related to active service and grants service connection for this condition.

The case is being remanded for further development, including the issuance of a Statement of the Case regarding the issue of accrued benefits.

The Veteran's multiple myeloma was not incurred or aggravated by service, including as due to herbicide exposure. The claim is denied.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred on February 22, 2006 is denied as the treatment was not rendered at a VA facility and there were no continued medical emergencies that would have required transfer to a VA facility.

The Veteran's service-connected eye disability, characterized by minimal scarring of the corneas and ingrowth of vessels into the inferior cornea, is currently rated at 10 percent. His bilateral hearing loss disability is also rated at 10 percent. The Board found that neither condition warranted a higher rating.

The Veteran's service-connected malaria is not active and does not have any residuals. As such, a compensable disability evaluation for malaria cannot be established.

The Veteran's service-connected endometriosis is currently rated at 10 percent, which meets the criteria for a compensable rating based on pelvic pain or heavy or irregular bleeding not controlled by treatment.

The Board has decided to remand the case for further development, including scheduling a VA examination and obtaining evidence of exposure to asbestos or carbon tetrachloride during service. The Veteran's pulmonary disability will be evaluated in light of any such evidence.

The Veteran's appeal is remanded for a new VA examination and proper VCAA notice.

The Board found that the Veteran's degenerative joint disease of the thoracic spine preexisted service and was not permanently aggravated by active duty, thus denying her claim for service connection.

The Veteran's service is not considered to meet the minimum requirements for nonservice-connected pension benefits due to a lack of at least 90 days of active military duty.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for further development, including obtaining medical records and a VA physician's opinion regarding whether the VA treatment proximately caused his decubitus ulcers.

The Veteran's death did not result in any pending claims for accrued benefits as the appellant is not eligible to file such a claim on his behalf.

The Board has determined that the appellant's income from Social Security benefits is in excess of what is allowed for payment of VA death pension benefits, and thus denied her claim.

The Board has determined that the veteran's hepatocellular carcinoma is related to his service, specifically his exposure to herbicides during his Vietnam service. The Board granted service connection for this condition.

The Board has determined that the appellant's deceased spouse did not have qualifying service for VA benefits, and therefore the appellant is not eligible for death benefits.