Other conditions decisions — 2009

The Veteran's daughter is not entitled to an apportionment of the Veteran's VA benefits because he does not receive any current monthly compensation payments.

The Veteran's death was not due to a service-connected disability, and therefore the appellant is denied DIC benefits under 38 U.S.C. § 1318.

The Board has determined that the Veteran's islet cell cancer of the pancreas is likely due to Agent Orange exposure during service, and thus grants service connection for this condition.

The Veteran's nonservice-connected pension benefits are restored from April 1, 2002, to July 16, 2003.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for arachnoiditis with chronic pain resulting from March 1989 surgery at a VA facility was reopened, but the Board denied service connection for a low back disorder due to lack of new and material evidence.

The Veteran's cause of death, cancer of the pancreas and liver, was not service-connected as it did not arise from his military service or exposure to herbicides. The Board found no evidence linking the Veteran's condition to his time in Vietnam.

The appellant is not eligible for VA home loan benefits due to insufficient service time.

The Veteran's claim for an initial rating in excess of 10 percent for epidural fibrosis, status post hemilaminectomy, foraminotomy, and partial pediculectomy at L5 is being remanded due to the need for a contemporaneous VA examination.

The Board denied a compensable rating for the Veteran's service-connected left clavicle fracture, finding that there was no evidence of nonunion or malunion during the appellate period and no impairment of function.

The Veteran's appeal is being remanded for a travel board hearing at the RO.

The Board found that the Veteran's right rotator cuff tear, tendonitis, bursitis, and arthritis are not related to his service-connected residuals of a shell fragment wound. Therefore, the claim for secondary service connection was denied.

The Veteran's right knee chondromalacia has not been found to warrant a higher initial evaluation than the current 10 percent rating.

The Veteran's claim for service connection for a respiratory disorder, to include as secondary to exposure to asbestos, is being remanded due to the need for additional development and examination.

The Veteran's claim for service connection for residuals of a neck injury is being remanded due to the need for additional development, including an examination and review of submitted evidence.

The Veteran's additional left eye disability of a lamellar macular hole with decreased vision is found to be caused by an unforeseen event during VA hospitalization, surgical, or medical treatment in February 2002. The Board finds that the weight of the evidence supports this finding.

The Veteran's service-connected patellofemoral syndrome/patellar tendonitis of the right and left knees do not meet the criteria for an initial compensable disability rating under Diagnostic Code 5260.

The Board denied the Veteran's son's claim for recognition as a helpless child due to permanent incapacity for self-support prior to attaining the age of 18 years, finding that he was not permanently incapable at the time of his 18th birthday.

The Veteran's claims for payment of unauthorized medical expenses at two private facilities on April 25, 2003 were denied as the services were not rendered in a medical emergency and VA was not feasibly available.

The Board found that the March 1973 rating decision denying service connection for a nervous condition was subsumed by an April 1979 Board decision, and thus the claim to revise or reverse the March 1973 rating decision on the basis of clear and unmistakable error is dismissed.

The Board found that the appellant's request for a waiver of overpayment was timely filed, reversing the previous denial by the Committee on Waivers and Compromises (COWC).