Other conditions decisions — 2009

The Board has granted an initial compensable rating of 10% for mitral valve prolapse, effective March 1, 2003.

The Board denied the Veteran's claims for service connection for nicotine dependence and COPD, finding that the Veteran did not develop these conditions during active military service or as a result of tobacco use in service.

The Veteran's colon cancer and its residuals were not incurred in or aggravated by service. The Board found that the medical evidence did not support a connection between the Veteran's active service and his current condition.

The Board found that the termination of nonservice-connected pension benefits from October 15, 2003 to June 10, 2005 was proper due to the Veteran's income exceeding the maximum annual rate of pension payable.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims of service connection for cold injury residuals of the feet and hands, as there is no evidence showing an in-service cold injury.

The Board denied the appellant's claim as she did not file a timely Notice of Disagreement (NOD) in response to the May 2002 decision denying her request for waiver of indebtedness.

The Veteran's claim for an initial evaluation in excess of 10 percent for the service-connected deep vein thrombosis (DVT), left leg, is being remanded due to new evidence submitted without a waiver and the need for a VA examination.

The Board has determined that the Veteran's chronic dry eyes disability is service-connected, as it had its onset during his military service and continues to this day.

The Board found no current right leg condition and denied the Veteran's claim for service connection.

The Board has remanded the case due to the need for additional VA examinations and records, particularly related to nephrolithiasis.

The Veteran's claim for an increased evaluation of her service-connected minimal compression fracture at T-7 with degenerative changes is being remanded due to the need for proper notice, additional treatment records, and a VA examination.

The appellant's claim for benefits under 38 U.S.C.A. § 1815 for a child born with spina bifida is denied as there is no legal entitlement due to the lack of evidence supporting exposure to Agent Orange and the diagnosis of spina bifida.

The Veteran is entitled to payment or reimbursement for unauthorized medical expenses incurred at a private facility in January 2006 due to the VA having constructive possession of a claim within 90 days of service discharge.

The Veteran seeks a compensable disability evaluation for his service-connected granuloma of the right lung with wedge resection. The Board has determined that an additional examination is needed to address the nature and etiology of his current pulmonary disabilities, particularly whether they are related to his service-connected condition.

The Board has denied the Veteran's claims for increased ratings for his service-connected residuals of right mandible fracture and deviated nasal septum. The Veteran is entitled to a higher rating for his residuals of right mandible fracture, but not for his deviated nasal septum.

The Veteran's claim for an increased rating for service-connected residuals of pneumonia was denied as the current pulmonary disease is attributed to a long history of smoking, not related to his service-connected pneumonia.

The case is REMANDED to the RO for further development and review of the Veteran's claims, including obtaining medical records, scheduling a VA examination, and readjudicating the claims.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the appellant's claims, including a new examination for his left heel disability and an opinion on whether he is unemployable due to his service-connected disability.

The Veteran's left hip disorder is related to a service-connected disability, and the Board grants service connection for this condition.

The Veteran's residuals of a thoracotomy and lobectomy of the right lung are not shown to be caused or aggravated by any service-connected disability.