Other conditions decisions — 2009

The Board found that the Veteran does not have varicose veins of the left leg, and thus denied his claim for service connection.

The Board denied the Veteran's claim for service connection for a disability manifested by tingling, joint pain, and muscle spasm, to include as secondary to Agent Orange exposure due to lack of evidence showing current disability.

The Veteran's claim for benefits under 38 U.S.C.A. § 1151 is denied as the evidence does not support a finding that he provided informed consent to the spinal anesthesia and surgery, or that any additional disability was caused by VA care.

The Board has remanded the case for further development, including a VA examination to determine the nature and likely etiology of the Veteran's claimed insomnia. The Veteran is also advised that he may have a new claim of service connection for PTSD.

The Board granted an effective date of April 29, 1998 for the grant of service connection for uterine fibroid disease and a 30 percent rating for recurrent pelvic inflammatory disease with uterine fibroid disease.

The Veteran's left eye blindness was not caused by care provided at a VA facility or by a VA employee, and the Board finds that it is less than likely as not that any additional disability of the left eye blindness was the result of such care.

The Board found that a valid debt of $4,068 in overpaid improved VA pension benefits was created for the Veteran's period from February 1, 1996 to June 30, 2000. The RO improperly determined an additional debt of $3,022 was also created.

The Board has determined that an examination and medical opinion are needed to determine whether the Veteran currently has disabilities associated with gout and his septoplasty, and if so, whether such disabilities were incurred in or aggravated by active service.

The Board denied service connection for moyamoya syndrome as due to undiagnosed illness, finding that the condition is not related to active duty service and precluding service connection based on a definitive diagnosis. The Veteran's claim of direct service connection was also denied.

The Board has determined that there is no new and material evidence to reopen the Veteran's claim for service connection for a psychiatric disorder involving a pathologic, asocial personality. The April 1991 RO decision remains final.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for the cause of the Veteran's death. The appellant presented a theory that the fall from a step in September 1971 was related to the pre-existing spinal cord damage.

The veteran's claim for service connection for post traumatic stress disorder is being remanded due to the need for a hearing.

The Veteran's right scapular muscle strain and trigger fingers involving the index and long fingers of his left hand have been granted service connection, with a noncompensable rating for both conditions. The claim is pending further development as requested.

The Veteran's postoperative residuals of a teratoma cyst removal were incurred during his active service and the Board has granted service connection for this condition.

The Veteran's atrial fibrillation has more than four symptomatic episodes per year confirmed by echocardiogram or Holter monitor, meeting the criteria for a 30 percent rating.

The appellant is not the Veteran's surviving spouse for VA death benefit purposes.

The Board found that the Veteran's spinal disorder and arthritis were not incurred in or aggravated by service, and arthritis may not be presumed to have been incurred or aggravated in active service.

The Veteran's claims for service connection for left hip and leg disabilities are denied as there is no evidence of a current disability or a link to his service-connected condition.

The Veteran's grandchildren, E.J.I., D.A.I., L.A.I., and B.A.I., are considered to have retained custody of their respective children under Philippine law. As a result, they cannot be recognized as the Veteran's adopted children for VA purposes.

The Board finds that the Veteran's left foot disorder is not the result of VA medical treatment and does not meet the criteria for compensation under 38 U.S.C.A. § 1151.