Other conditions decisions — 2009

The Board found that the Veteran's service-connected postoperative residuals of a thoracotomy due to spontaneous pneumothorax did not warrant a compensable evaluation, as his symptoms were attributed to non-service connected conditions.

The Board found that the Veteran's colon cancer is not presumed to be due to exposure to Agent Orange during his service in Vietnam, and thus denied the claim for service connection.

The Board denied the Veteran's claim for service connection for residuals of dental trauma, finding that there was no evidence linking his current condition to an in-service injury.

The Board has determined that the Veteran's rash on his back and shoulders is related to service, specifically leech bites while serving in Vietnam. The claim for service connection is granted.

The Veteran has withdrawn his appeal for a rating in excess of 30 percent for hiatal hernia, and the Board does not have jurisdiction to consider this matter.

The Board has remanded the case due to failure of the Veteran to report for scheduled VA examinations and because there are outstanding medical records from the New York, New York VA Harbor Health System. The Veteran will be given another opportunity for a VA examination to determine if he has any current back disorder that was incurred in or aggravated by his period of active duty.

The Board has remanded the case for further development, including obtaining additional service treatment records and considering whether new and material evidence has been received to reopen a service connection claim for a left foot disorder.

The Veteran's appeal is being remanded due to the need for additional examination and consideration of newly received evidence.

The Board found that the appellant's income exceeded the maximum annual pension rate, leading to termination of her VA death pension benefits.

The Veteran's service-connected residuals of shrapnel wound to the left thigh with retained foreign body in muscle group XIII are not shown to warrant a rating higher than 10 percent.

The Veteran's rectal seepage was initially rated at 10 percent from February 24, 2005 to April 7, 2008. Since then, the rating has been increased to 30 percent effective April 8, 2008.

The case is REMANDED to the RO for scheduling a Travel Board hearing. The appellant's claim will be returned to the Board after the hearing.

The Veteran's gout disability does not meet the criteria for a compensable rating under any applicable diagnostic codes. His service-connected gout has been rated as noncompensable since May 18, 2005.

The Veteran's claim for a compensable evaluation for residuals of a fracture, right distal fibula was denied. The claims for increased ratings for PTSD and TDIU were also denied.

The Board denied the appellant's claim to reopen her death benefits claim due to lack of new and material evidence, as the submitted documents were not from a United States service department and did not verify her deceased husband's service.

The Veteran's service-connected stress fracture of the right hip resulted in painful, but otherwise noncompensable, limitation of motion. The Board has determined that a 10 percent rating is warranted for this condition.

The Board found no new and material evidence to reopen the claim for service connection for the cause of death. The appellant's argument regarding exposure to ionizing radiation is not addressed as it was not part of the original claim.

The Board has ordered the VA to provide a medical opinion regarding whether the Veteran's service-connected residuals of pneumonia contributed to his death. The case is now remanded for further development and consideration.

The Veteran's appeal is remanded due to the need for a new VA examination and retrieval of outpatient records. The Veteran seeks an increased rating for his service-connected left eye blindness.

The Board denied the appellant's claim as her death pension benefits were correctly adjusted based on excessive income, effective February 1, 2005 and March 1, 2005.