Other conditions decisions — 2009

The Veteran's death was not caused by any service-connected disability, and there is no evidence that the terminal gastrointestinal condition was related to his active service. The claim for DIC under 38 U.S.C.A. § 1151 has also been denied as there is insufficient evidence of VA negligence or fault in causing the Veteran's death.

The Veteran's claim for service connection for primary ciliary dyskinesia with bronchiectasis and interstitial fibrosis, including as due to asbestos exposure, is being remanded for further development.

The Board denied the Veteran's claim of entitlement to service connection for a left hip disorder, finding that his pre-existing condition did not increase in severity during service and was not aggravated by any service-connected disorder.

The Board denied the appellant's claims for increased ratings for hallux valgus, postoperative, left and right due to lack of evidence supporting a higher rating under applicable diagnostic codes.

The Veteran's appeal is remanded for consideration of a separate evaluation for the scar based on limitation of motion and for consideration under both prior and amended skin regulations.

The Board has determined that the Veteran's cognitive disorder, including short-term memory loss, is proximately due to his service-connected migraine headaches and grants service connection for this condition.

The Board denied the Veteran's claims for service connection for residuals of head trauma (a bump on the back of the head) and arthritis of the back and neck, finding that there was no current disability or evidence linking these conditions to service.

The Veteran's claims for service connection for fragment in the left eye, lung disorder, and respiratory disorder were denied as there is no current diagnosis of these conditions. The Board found that the Veteran was exposed to herbicides during his service in Vietnam but failed to report for VA examinations which would have provided evidence on whether these disorders are related to service.

The Board has determined that the current record is incomplete and requires additional development of evidence before a decision can be made on the Veteran's claim for waiver of overpayment of nonservice-connected pension benefits.

The Board has determined that recovery of the overpayment would be against equity and good conscience, thus granting a waiver for the $357 overpayment.

The Board has determined that the appellant is not permanently incapable of self-support prior to her 18th birthday, and thus does not meet the criteria for recognition as a helpless child.

The Board found that the Veteran's colon cancer was not caused by his service, including his alleged exposure to asbestos in service. The claim is denied.

The Veteran's squamous cell carcinoma of the right tonsil was not present in service or for a number of years thereafter, and is not etiologically related to service. The Board found that the Veteran did not meet the criteria for presumptive service connection due to exposure to herbicides as he did not serve on landmass or inland waters of Vietnam.

The Veteran's claim for payment or reimbursement of unauthorized medical care expenses incurred at Newark Wayne Hospital on October 31, 2004 was denied as prior authorization was not obtained and the treatment did not meet the criteria for emergency treatment.

The Board found that the RO properly calculated the Veteran's annual income to include his spouse's income until December 12, 2005, in determining the rate of non-service-connected pension benefits.

The Veteran's cause of death was dementia, caused by vascular disease. The Board found no evidence linking these conditions to his service or any service-connected disabilities.

The appellant's claim for benefits under 38 U.S.C. 1805 as a child born with spina bifida occulta is denied because the condition is specifically excluded from eligibility.

The Veteran's left knee ACL reconstruction residuals are currently rated as 20 percent disabling, and his degenerative joint disease associated with the ACL reconstruction is also rated at 10 percent. The superficial scar residuals of the left knee ACL reconstruction are rated at 10 percent.

The Board has remanded the case due to incomplete service treatment records and a need for further examination. The Veteran's claim of entitlement to service connection for left foot and/or leg disability is being reviewed.

The Board has determined that there are due process matters and evidentiary deficiencies in the current decision regarding whether the Veteran's net worth is a bar to VA non-service connected pension benefits. The case is being remanded for further action, including obtaining updated financial information from the Veteran.