Other conditions decisions — 2009

The Veteran's service-connected left testicle disability is manifested by complaints of pain and urinary frequency, but no evidence of recurrent symptomatic urinary tract infection or limited motion caused by his surgical scar. The Board finds that the current rating of 10 percent is appropriate.

The Board denied the Veteran's claims for increased ratings for his right and left patellofemoral syndrome, finding that there was no evidence of functional impairment warranting a compensable rating under VA's rating criteria.

The Board denied the veteran's claims for an increased rating for his service-connected back injury and a TDIU effective date earlier than October 19, 2002. The veteran's residuals of a back injury are currently rated as 40 percent disabling.

The Board has determined that the Veteran's current skin disorder is not related to service and does not meet the criteria for presumptive service connection based on herbicide exposure. The claim for service connection for a fungal infection is denied.

The Board has reopened the Veteran's claim of entitlement to service connection for a respiratory disorder, to include as due to ionizing radiation exposure. The new evidence received is sufficient to raise a reasonable possibility of substantiating the claim.

The Veteran's appeal is being remanded for additional development as the record appears incomplete and unclear from the present record how the issue was developed for appellate review.

The Board found that the service-connected disabilities did not cause or contribute substantially to the Veteran's death. The appellant's DIC claim under 38 U.S.C.A. § 1318 was also denied as there were no legal grounds for such a claim.

The Board has granted the Veteran's claim of service connection for a lung disability, finding that his current lung disability is related to his in-service exposure to fuel fumes.

The Board has remanded the case due to insufficient notice provided to the appellant regarding her claims for service connection for cause of death and Dependency and Indemnity Compensation.

The Board found that the appellant is not a 'veteran' for VA pension purposes and thus is not eligible for nonservice-connected disability pension benefits.

The Veteran's appeal is remanded due to inadequate examination and missing medical records. The claims for increased disability rating and secondary service connection are pending.

The Board denied the appellant's application to reopen her prior claim for entitlement to service connection for the cause of the Veteran's death, finding no new and material evidence. However, since the March 1992 decision, a change in law added stroke and its complications as presumptive diseases for former POWs, even if there is no record of the disease in service.

The Veteran's appeal is being remanded due to the failure to conduct a scheduled hearing. The Veteran must be given an opportunity to clarify his preference for a video conference or Travel Board hearing and then be scheduled accordingly.

The Board found that the Veteran's left knee condition does not meet or approximate the criteria for a rating in excess of 10 percent, as there is no evidence of recurrent subluxation or lateral instability. The current 10 percent rating has been in effect since 1987 and is protected under 38 C.F.R. § 3.951(b).

The Board has determined that additional development of the evidence is required in order to address the merits of the claim for service connection for a lower back disability. The Veteran must be scheduled for a VA examination to obtain a medical opinion concerning the etiology of his current low back conditions on the basis of in-service incurrence or aggravation.

The Board found that the overpayment of educational assistance benefits was valid due to VA's administrative error in continuing to approve payment to a facility (E-Light) that no longer existed, resulting in an overpayment. The Veteran did not timely notify VA of his change in training.

The Veteran's appeal is being remanded due to her failure to appear at a scheduled hearing and the need for rescheduling an in-person hearing.

The Veteran's unauthorized medical expenses incurred for an initial emergency evaluation at a non-VA facility from June 3, 2003 were authorized due to the nature of his chest pain and the absence of feasible VA options.

The Board denied the appellant's claim for VA benefits because her husband had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Veteran's service-connected disability compensation benefits were improperly discontinued from September 1, 2002 until March 22, 2006 due to fugitive felon status. The termination was found to be unwarranted and the appeal is granted.