Other conditions decisions — 2009

The Board granted service connection for dental trauma to tooth #9, allowing the veteran eligibility for VA dental treatment.

The veteran's residuals, status post laminectomy and discectomy at L5-S1 have been manifested by complaints of pain with limitation of motion. The Board finds that the criteria for an initial evaluation in excess of 10 percent are not met.

The Board remands the matter for clarification of the basis for the denial of the claim regarding education benefits under the Montgomery GI Bill-Selected Reserves (Chapter 1606).

The veteran's prostate disability (to include prostatitis and/or benign prostatic hypertrophy) is service-connected, while mitral valve prolapse is not.

The appeal is remanded for proper VCAA notice to be provided.

The appeal was remanded to the RO for further development of evidence related to the claim for compensation under 38 U.S.C.A. § 1151 for bilateral eye injury due to VA treatment.

The Board denied the veteran's claim for service connection for duodenal ulcer disease, finding that new and material evidence had not been received to reopen the previously denied claim.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for a left eye disability, finding that VA did not act with fault and the additional disability was reasonably foreseeable.

The veteran withdrew his appeal for a permanent and total disability evaluation for pension purposes.

The veteran's claim for reimbursement of unauthorized medical expenses incurred at Ohio Health Riverside Methodist Hospital is being remanded to obtain additional evidence.

The veteran's claim for nonservice-connected pension benefits was denied because he did not serve during a period of war.

The Board remands the veteran's claim for service connection for myelodysplasia to schedule a VA examination to determine its etiology, particularly in relation to herbicide exposure during his service in Vietnam.

The appeal for an earlier effective date for the award of a total rating based on individual unemployability due to service-connected disabilities was dismissed as there is no legal entitlement to an effective date earlier than September 10, 2003.

The Board finds that the evidence is at an approximate balance such that service connection for colon cancer and its residuals secondary to Hodgkin's disease is warranted.

The veteran's right epididymitis is rated as 10 percent disabling by analogy to painful scars.

The Board denied the appellant's claim for service connection for the cause of the veteran's death, as there was no evidence establishing a nexus between the veteran's bladder cancer and his military service.

The recoupment of the veteran's special separation benefits in the amount of $46,523.56 is proper according to law.

The Board granted service connection for the cause of the veteran's death on grounds that it was at least as likely as not the primary site of the veteran's fatal cancer was the lung, which is a disease presumed to be service connected for a veteran who served in Vietnam during the Vietnam era.

The veteran's current cardiovascular disability was caused by rheumatic fever in service, and service connection is granted.

The veteran's claim for reimbursement of medical expenses incurred at a private facility from January 25-29, 2007, was denied by the VAMC due to the availability of VA facilities.