Other conditions decisions — 2009

The appeal is remanded to the RO for additional development, including obtaining a VA medical opinion on the etiology of non-Hodgkin's lymphoma and considering new evidence submitted by the Veteran.

The Veteran was denied enrollment in the VA healthcare system due to not meeting eligibility requirements.

The appeal is remanded for additional development, including a new VA examination to evaluate the nature and extent of the Veteran's right hip injury residuals and the etiology of any left hip disorder.

The Board granted service connection for dyshidrosis but denied the claim for a disability manifested by leg cramps.

The Board denied the appellant's claim for dependency and indemnity compensation (DIC) benefits under 38 U.S.C.A. § 1151, as the Veteran's death was not proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board denied service connection for arthritis as the preponderance of evidence did not support a finding that the Veteran was poisoned during active duty or that his current arthritis is related to such poisoning.

The Board denied service connection for the cause of the Veteran's death, as there was no evidence linking his death to a service-connected disability or his active service.

The Board denied the claims for service connection for a lung disability and a skin disorder, as there was no evidence of aggravation or a causal relationship to service.

The Veteran's claim for VA education benefits under Chapter 30 was denied due to insufficient active duty service.

The appeal is remanded to the RO for further development of evidence related to the Veteran's claim for reimbursement of unauthorized dental expenses.

The Board must remand the case to address whether new and material evidence has been received to reopen a claim for service connection for Charcot-Marie-Tooth disease, to include as due to Agent Orange exposure. The TDIU issue cannot be adjudicated until this is done.

The Veteran's claim for service connection for a right upper quadrant disorder, claimed as right upper quadrant pain, was denied because there is no underlying diagnosis to account for his reported pain.

The Board denied the Veteran's claims for increased disability ratings for degenerative changes of both hands, as the medical evidence did not show more than slight impairment of the muscles involved in the extension of the wrist, fingers, and thumb, as well as the abduction of the thumb.

The Board denied the Veteran's claims for increased ratings for his service-connected varicose veins of the right and left legs, as the evidence did not support a rating in excess of 20 percent on a schedular or extraschedular basis.

The Board granted service connection for mild incomplete sensory loss of the face in the left V3 (mandibular branch) distribution as a residual of cold injury, but denied service connection for residuals of cold injury to the ears.

The case is remanded for further development to determine if the Veteran was exposed to ionizing radiation and whether this exposure caused his multiple myeloma.

The Veteran's claim for an earlier effective date for the grant of a TDIU was denied as there is no evidence that he became unemployable due to his service-connected disabilities prior to October 12, 1999.

The Board finds that service connection for avascular necrosis of the bilateral hips is warranted, due to medical evidence establishing a nexus to in-service radiation exposure. Service connection for breathing problems was denied as there is no competent medical evidence supporting a current chronic lung disability.

The Veteran's postoperative right inguinal hernia does not meet the criteria for a compensable rating as it is characterized by pain in the right groin area with heavy lifting, but there is no evidence of a recurrent hernia or other symptoms that would warrant a higher rating.

The motion for revision of a prior Board decision based on CUE was dismissed without prejudice.