Other conditions decisions — 2009

The Board denied the veteran's claim for an increased disability rating, as there was no objective evidence of a moderately severe muscle injury or a severe incomplete paralysis of an affected nerve.

The claim for enhanced DIC benefits under 38 U.S.C.A. § 1311(a)(2) was denied as the Veteran did not have a service-connected disability rated totally disabling for at least 8 years prior to his death.

The Board denied the Veteran's claim of service connection for residuals of a back injury, finding no evidence that the current back disability was incurred in or aggravated by active service.

The Board granted the waiver of recovery of an overpayment of $762.00 in apportionment of the Veteran's VA benefits to the appellant on behalf of his daughter, considering the financial hardship it would cause.

The Board denied the Veteran's claim for service connection for a skin disorder, to include sores and cysts on the waist, under the arms, area between the legs and the hands, as there was no evidence of exposure to herbicides during service and no evidence linking the condition to his military service.

The Veteran's claim for service connection for a neck disorder was reopened based on new and material evidence, but ultimately denied as there is no competent medical evidence to show that the disorder developed as a result of an injury or disease during service.

The appellant's current respiratory disorder was not shown to have been present in service, or for many years thereafter, nor was it shown to be the result of any incident occurring during his active service.

The Veteran's death was caused by metastatic rectosigmoid cancer, and it is more likely than not that the proximate cause of the Veteran's death was due to an error in judgment on the part of VA in failing to diagnose the Veteran's rectal cancer.

The appeal was remanded to obtain SSA records and to further analyze whether new and material evidence has been presented to reopen the claim of service connection for perforated pyloric channel ulcer, postoperative.

The Veteran's right and left foot disabilities have not met the criteria for a rating in excess of 10 percent.

The Board found that the Veteran did not have an additional disability of paralyzed vocal cords or numbness in thumb and forefinger with limited range of motion as a result of VA medical treatment.

The Board determined that the overpayment of compensation benefits for a dependent spouse was properly created and denied the appeal.

The appeal was dismissed due to the Veteran's death.

The appeal was dismissed due to the death of the appellant.

The Veteran was granted payment or reimbursement for the unauthorized medical expenses incurred at Northside Hospital from May 2, 2005 to May 6, 2005 due to a continued medical emergency.

The Board denied the claim for a waiver of recovery of an overpayment in the amount of $7,240.91 for basic educational assistance benefits under Chapter 30.

The Board denied the Veteran's claims for service connection for jungle rot of the feet and groin, skin cancer, to include squamous and basal cell carcinoma, and hypertension as there was no evidence showing a current diagnosis or a nexus between these conditions and his military service.

The Board granted service connection for impotence, finding it to be secondary to the Veteran's service-connected diabetes mellitus.

The Veteran's death was not related to his service, and the appellant is not eligible for non-service-connected death pension benefits or accrued benefits.

The Veteran is not entitled to Chapter 30 educational assistance benefits for his period of on-the-job peace officer training with the California Highway Patrol from May 27, 2002 to May 27, 2003.