Other conditions decisions — 2009

The Board found that the appellant's poliomyelitis residuals were not incurred in or aggravated by active service. The evidence established that the disability pre-existed service and was likely due to natural progression of the disorder.

The Board has determined that there is no evidence of a current disability related to an enlarged pituitary gland, and thus service connection for this condition is denied. The issue of compensation under 38 U.S.C.A. § 1151 for nerve damage resulting from mandibular orthognathic surgery will be remanded for further development.

The Veteran's claim for an increased evaluation for menstrual problems is being remanded due to the need for additional development, including obtaining treatment records and scheduling a VA examination.

The Veteran's claim for an increased rating for a shell fragment wound to the right leg, with injury to Muscle Group XIV is being remanded due to incomplete consideration of whether a separate rating should be assigned for a muscle group below the right knee.

The case is being remanded for further verification of the appellant's service records and translation of a statement from the President of the Philippines. The claim will be reconsidered based on the new information.

The Board determined that the veteran's death was not caused by or related to his military service, including any exposure to asbestos. The cause of death was listed as non-small cell lung carcinoma with arteriosclerotic cardiovascular disease.

The Board found that there is no evidence of a current diagnosed psychological disorder and no in-service event or injury that pertains to the Veteran's current condition. Therefore, service connection for a psychological disorder was denied.

The Veteran's stroke is found to be a result of VA's failure to properly diagnose and treat his condition, resulting in additional disability. The Board finds that the criteria for compensation under 38 U.S.C.A. § 1151 are met.

The Veteran's claim for service connection for a condition manifested by lumps over the body, to include as due to herbicide exposure (Agent Orange), was denied. The Board found no current diagnosis of any skin disorder or other condition related to lumps over the body and thus denied service connection.

The Board of Veterans' Appeals has determined that the Veteran does not have a diagnosed respiratory disorder and therefore, service connection for a chronic respiratory disorder due to herbicide exposure is denied.

The Board has granted service connection for chondromalacia patella and derangement of the medial meniscus of the right knee, finding that these conditions are etiologically related to an injury sustained during active military service.

The Veteran's appeal is being remanded due to the need for additional medical records and treatment information.

The Board denied the Veteran's claim for an initial compensable rating for his herpes zoster with post herpetic neuralgia, finding that the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Board finds that the Veteran's mood disorder was not caused by the June 2001 VA brain surgery, but rather is attributable to his pre-existing post-concussive syndrome from prior traumatic brain injuries sustained before the surgery.

The Veteran's claim for nonservice-connected pension benefits was denied as his service did not meet the requirements of active duty during a period of war.

The Board has determined that the Veteran's claim for service connection for adult situational maladjustment disorder cannot be reopened as there is no new and material evidence to support it.

The VA determined that the Veteran's service-connected bilateral high tone deafness does not warrant a compensable rating based on his audiometric test results.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for spondylolisthesis at L5-S1, resulting in a denial of the application.

The Board denied the Veteran's claim for service connection for periodontal disease, finding no competent medical evidence showing a current disability or in-service injury.

The Board determined that the appellant is not eligible for VA educational assistance benefits as administered under Chapter 35, Title 38, United States Code because she was not the Veteran's surviving spouse.