Other conditions decisions — 2009

The Veteran's squamous cell carcinoma of the left head and right neck regions is being remanded for a VA examination to determine if it may be causally related to his military service, including exposure to Agent Orange and/or sun exposure during his service in the Republic of Vietnam as a combat engineer.

The Veteran's claim was dismissed as the appeal is no longer relevant due to corrective action taken by the RO.

The Board has determined that the overpayment of Chapter 35 educational benefits was valid and granted a partial waiver for $2,855.

The Veteran's service-connected left fibula fracture is currently rated at 40 percent effective June 9, 2006. The appeal for a higher rating prior to that date was denied.

The Veteran's service-connected duodenal ulcer has been rated at 40 percent since July 16, 2004. The Board found that the manifestations of his condition more closely approximate a disability picture warranting a 60 percent evaluation.

The Board has determined that further development is needed to determine if the Veteran's death was caused by exposure to ionizing radiation during service, and whether it is at least as likely as not related to his military service.

The Veteran's claim for service connection for teeth pain is denied as there is no evidence of a compensable dental condition or disability that can be linked to her active military service.

The Veteran's overpayment of $5,126.00 in nonservice-connected pension benefits is denied due to misrepresentation.,A partial waiver of recovery for the remaining overpayment of $2,011.21 is granted.

The Board has reopened the Veteran's claim of entitlement to service connection for viral meningitis and is granting it.

The Veteran's claim for service connection for a bilateral shin disability was denied as there is no current clinically documented, identifiable bilateral shin disability.

The Board has determined that the Veteran's death was not caused by his service-connected hypertension, and thus denied the claim for service connection for the cause of death.

The Board has determined that the Veteran's service-connected left eye condition, characterized as round hole of retina without detachment, warrants a 10 percent evaluation.

The Veteran's service-connected mood disorder resulted in total occupational and social impairment for the period from September 27, 2006 to May 15, 2007. The RO granted a 100 percent rating effective May 16, 2007 based on evidence of disability from October 27, 2006 due to depression.

The Veteran is in receipt of nonservice-connected pension benefits and does not meet the eligibility criteria for Dependents' Educational Assistance (DEA) benefits.

The Board has determined that the Veteran's restrictive lung disability is related to his service, including exposure to asbestos. As a result, the claim for service connection for a pulmonary disorder due to asbestos exposure is granted.

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination to assess the severity of the appellant's IgA nephropathy.

The Board found that the Veteran's bilateral hip degenerative joint disease is not related to his service-connected right and/or left knee disabilities, and therefore denied his claim.

The Veteran's claims for increased compensation and earlier effective date were denied due to failure to report for VA examinations without good cause. The claim for service connection was not addressed as it is a reopened claim.

The Veteran's unauthorized medical expenses incurred on December 22, 2005 and September 10, 2006 were not covered because the treatment was not for an emergency condition.

The Board denied the Veteran's claims for higher ratings for lichen simplex chronicus and service connection for residuals of an upper back injury, as well as his claim for bilateral hearing loss disability.