Other conditions decisions — 2009

The Veteran's claim for service connection for Hodgkin's disease, including as due to Agent Orange exposure in Korea, is being remanded for further development of his unit history and potential additional evidence.

The Board finds that the Veteran's death was not caused by a service-connected disability, and thus denies the claim for service connection for the cause of death.

The Board has determined that the Veteran is not the biological father of D.B.C. or A.D.C., and therefore, his VA benefits cannot be apportioned for their support. As a result, both claims for restoration of apportionment are denied.

The Veteran's benign lump on the chest, status post surgical removal, was not incurred in or aggravated by service.

The Board denied the Appellant's petition to reopen her cause-of-death claim, finding no new and material evidence to warrant reopening the claim.

The Board has determined that the appellant may not be recognized as a veteran for any VA benefit purposes due to lack of military service.

The Veteran's current psychiatric condition, diagnosed as adjustment disorder with depressed mood, was not incurred in or aggravated by his active service. The Board found no evidence associating the condition to his military service.

The Board has determined that the Veteran does not have a current disability related to his right hand injury sustained in service, and thus cannot establish service connection for residuals of a right hand injury.

The Veteran's claim for service connection for bilateral lower extremity periostitis (shin splints) is denied as there is no current disability. The claims for increased ratings are also denied.

The Veteran withdrew his appeal, satisfied with the current 100% disability rating for neurological residuals of Guillain-Barre syndrome.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from March 26, 2005 to March 29, 2005 is denied as he does not meet the eligibility criteria under VA regulations.

The Veteran's right ankle dorsiflexion has been measured predominantly from zero (0) to ten degrees since May 26, 2006. The Board finds that a 30 percent disability evaluation is warranted for the service-connected residuals of right foot talus fracture.

The Veteran's hypokalemia, requiring continuous medication, is due to VA medical fault and the Board has granted compensation under 38 U.S.C.A. § 1151.

The Board found that the reduction of the Veteran's disability compensation to 10 percent due to incarceration for a felony conviction was proper, as it did not violate equity and good conscience.

The Veteran's claim for service connection for basal cell carcinoma of the nose and actinic keratosis of the face is being remanded due to the need for a VA examination to determine if these conditions are related to exposure to sunlight during his military service in Asia.

The case is being remanded for further consideration of new evidence, including affidavits from individuals who have personal knowledge about the Veteran's alleged surviving daughter and son.

The Board has determined that the appellant's claims for service connection for residuals of facial fractures and right leg injuries sustained in September 1946 are not supported by new and material evidence, and thus have been denied.

The Board has determined that further development is needed to determine if the appellant was treated for a medical emergency and whether VA facilities were feasibly available. The claim will be readjudicated based on both 38 U.S.C.A. § 1725 and 38 C.F.R. § 17.1000-1008.

The Veteran's claims for service connection for cancer of the larynx and periodontal disease are being remanded due to insufficient evidence supporting his theories of entitlement. A VA examination is needed for the larynx cancer claim, and a statement of the case must be issued for the periodontal disease claim.

The case is being remanded for a Board hearing before the RO.