Other conditions decisions — 2009

The Veteran's claim for nonservice-connected disability pension benefits and special monthly pension (SMP) benefits by reason of the need for regular aid and attendance or being housebound has been denied due to his income exceeding the maximum annual income allowed.

The Veteran's eye disorders, including refractive error and blepharospasm, are not considered disabilities for VA purposes. The Veteran does not have a current diagnosis of a burn injury to the eyelids and eyebrows that can be linked to service or any other compensable condition.

The Board denied the veteran's claim of entitlement to service connection for a tremor disorder of the left hand, finding that there was no competent medical evidence linking it to service or herbicide exposure.

The Veteran's claim for service connection for a skin disorder has been denied by the Board.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, bilateral tinnitus, blisters on hands and feet (not related to herbicide exposure), and lung disease (not related to herbicide or asbestos exposure).

The Board has remanded the case for additional development, including scheduling a Travel Board hearing at the RO in San Antonio, Texas.

The Veteran's right calcaneal fracture with arthropathy is currently rated at 10 percent, and the Board finds that this rating is appropriate based on his current symptoms.

The Board denied the claim for service connection for the cause of death due to gallbladder cancer and related conditions, finding that there was no evidence linking these conditions to herbicide exposure or service.

The Veteran's claim for a rating in excess of 20 percent for residuals of shell fragment wound of the left elbow was denied. The current evaluation is 20 percent, and the Veteran's condition does not warrant an increase.

The Veteran's appeal is remanded due to the creation of an overpayment for a period from June 1998 to December 2005. The Veteran disputes the validity of this debt and argues that he informed VA medical centers about his divorce and remarriage in November 1998.

The Board denied the Veteran's claim for service connection of his right arm disorder, finding no competent medical evidence linking it to his military service.

The Veteran's service-connected residuals of a bilateral inguinal hernia repair are manifested by healed, non-tender, and non-adherent scar tissue. The Board finds that the current disability does not meet or approximate the criteria for a higher initial rating.

The Board has decided to remand the case due to inadequate VCAA notice and will provide proper notice before deciding whether new and material evidence has been received to reopen service connection for the cause of the Veteran's death.

The VA determined that there is no evidence linking the Veteran's current right foot disorder, including arthritis, to his military service. The Board found that the preponderance of the evidence does not support a finding that the Veteran's current condition was incurred or aggravated by service.

The Veteran's myocardial infarction was not caused by VA negligence or carelessness, and the event (the procedure) was reasonably foreseeable. Therefore, compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, and therefore, his claims for residuals of a left leg injury to include scars, leg cramps, and esophageal reflux are denied.

The Board has determined that the Veteran does not have a current diagnosis of right shin splints and thus, service connection for this condition cannot be established.

The Board found that the Veteran's cause of death was not due to a disability incurred or aggravated by active service, and denied the claim for DIC benefits based on service connection for cause of death.

The Board has determined that the Veteran's sleep disorder, including narcolepsy, was incurred during service and is not due to any pre-existing condition. The claim for service connection is granted.

The Board found that the Veteran's death was not caused by his military service, specifically ruling out any connection to exposure to non-ionizing radiation. The cause of death was determined to be Chronic Lymphocytic Leukemia, which developed after the Veteran's discharge from service.