Other conditions decisions — 2009

The Veteran's service-connected low back disability was rated at 10 percent prior to July 3, 2007 and increased to 20 percent on or after that date. The appeal is mixed as some issues were granted while others were denied.

The Board denied the Veteran's claim for service connection for a back injury, finding that new and material evidence had not been submitted to reopen his previously denied claim. The VA examiner opined that the Veteran's current back disability is not related to his active service.

The Board has directed the RO to issue a statement of the case (SOC) addressing whether the Veteran should have been granted service connection for organic brain syndrome with alcohol dependence prior to March 27, 1990 and if so, what evaluation was warranted at that time.

The Veteran's claim is being remanded for further evaluation due to a material change in his knee disability.

The Veteran's appeal is denied as he has not shown that his service-connected disabilities meet the criteria for a serious employment handicap and thus, additional vocational rehabilitation benefits are not warranted.

The Veteran's claim for an increased rating for residuals of cold injury, involving the lips, face, and ears is being remanded due to the need for additional development including obtaining Social Security Administration records and a VA examination.

The appellant is not eligible for retroactive payment of DEA benefits prior to April 7, 2006.

The Board has remanded the case for additional development due to a lack of proper notice and hearing procedures.

The Board is remanding the case to provide a new VCAA letter explaining the basis of the prior denial and what elements are required to establish service connection for left tibia osteochondroma.

The Board has remanded the case for additional development, including obtaining VA and private medical records, SSA award decision, and copies of evidence relied upon in making the decision. The Veteran's claim will be readjudicated to determine if new and material evidence was submitted to reopen his claim under the provisions of 38 U.S.C. § 1151.

The Board found that the evidence of record at the time of the Veteran's death did not establish service connection for colon cancer on a presumptive basis due to exposure to ionizing radiation. The claim was denied.

The Board found no evidence of a skin disorder in service and denied the Veteran's claim for service connection, concluding that his current condition is not related to his military service.

The Board denied the Veteran's claim for an initial disability rating in excess of 10 percent for service-connected patellofemoral syndrome of the left knee, finding that his condition did not meet the criteria for a higher rating.

The Board found that the post-surgical complications of a radical retropubic prostatectomy did not result from VA negligence or fault, and thus denied the claim for compensation under 38 U.S.C.A. § 1151.

The Board denied the Veteran's request to reopen his previously denied claim of entitlement to service connection for varicose veins and left leg phlebitis, finding that new and material evidence had not been received.

The Board has determined that the Veteran's right breast cancer is not related to her active service, including exposure to Agent Orange. The preponderance of evidence does not support a finding that the condition was incurred in or caused by service.

The Board found no evidence of a stomach disability in service and denied the Veteran's claim for service connection.

The Veteran does not now have any objectively identifiable palsy of the seventh cranial nerve on the left side, and his Bell's palsy is rated as 0% (noncompensable).

The Veteran's claim for a compensable disability rating for his right thumb disability was denied because he failed to report for scheduled VA examinations.

The Veteran's right elbow fracture residuals prior to mid-September 2005 were not found to warrant a rating in excess of 20%.