Other conditions decisions — 2009

The appellant's condition, diagnosed as Arnold-Chiari malformation with syringomyelia, is not considered to be a form of spina bifida. Therefore, she does not meet the requirements for benefits under 38 U.S.C.A. § 1805.

The Board has remanded the case due to scheduling issues and clarification of representation.

The appeal is dismissed due to the appellant's death.

The VA determined that the appellant does not meet the criteria for special monthly pension based on the need for regular aid and attendance due to her inability to demonstrate she is blind, in a nursing home, or requires assistance with daily personal needs.

The Veteran's service-connected low back disability, which resulted in a compression fracture of L1-L3, is currently rated at 20 percent. The Board found that the evidence does not support an evaluation higher than 20 percent due to the extent of flexion and lack of ankylosis.

The Veteran's claim for service connection for residuals of a cold injury to the hands and feet is being remanded due to the need for additional development, including obtaining VA treatment records and SSA records. A VA examination will be scheduled to determine if his current symptoms are causally related to active duty service.

The Veteran's transitional cell carcinoma of the bladder was not incurred or aggravated during service, and there is no evidence linking it to herbicide exposure. The claim for service connection has been denied.

The Veteran's residuals of right hand injury have been rated at 20 percent since September 2005. The evidence does not support a higher rating as the disability does not meet the criteria for more severe incomplete paralysis.

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

The Veteran does not have a chronic sleep disorder that is etiologically related to service.,The Veteran does not have bladder disability that is etiologically related to service.

The Veteran's claim for an effective date earlier than August 4, 2006 for the grant of special monthly compensation (SMC) for loss of use of his right eye with light perception only was denied. The RO found that the earliest date entitlement arose is August 4, 2006.

The Veteran's TDIU claim is being remanded due to a newly granted service-connected left lower lung lobe disorder. The issue of service connection for the respiratory disorder, claimed as COPD, will also be addressed in this decision.

The Board finds that the Veteran's death was not caused by VA medical treatment, and thus DIC under 38 U.S.C.A. § 1151 is denied.

The Veteran's appeal is remanded for further development, including a VA examination and readjudication of the claim.

The Board has remanded the case for a new VA examination to determine if the Veteran's tonsillar fossa and/or lateral oropharyngeal squamous cell cancer with metastases, including left parotid is related to service and to provide an opinion regarding the most likely date of onset.

The Board has reopened the claims for service connection for status post viral meningitis, diarrhea, diaphoresis, fatigue, cognitive disorder (claimed as memory loss), and joint pain. However, new evidence was not sufficient to establish service connection for these conditions.

The Veteran's claim for service connection for dizziness and imbalance problems is being remanded due to the need for proper VCAA notice regarding the theory of entitlement under 38 C.F.R. § 3.317.

The Board found that the Veteran was a fugitive felon during the period of December 27, 2001 to May 3, 2004 and therefore overpayment of $5666.20 in VA disability compensation benefits due to 'fugitive felon' status was properly created.

The Veteran's left elbow disability, characterized by a fracture with degenerative changes, does not warrant an increased rating beyond the current 40 percent assigned.

The Board denied the Veteran's claim for a disability rating in excess of 10 percent for residuals of a gunshot wound to the left thigh involving Muscle Group XIII.