Other conditions decisions — 2009

The Board has decided to remand the case for further development, including a VA examination to determine if the Veteran's skin cancer is related to service.

The Veteran's claims for increased ratings were denied as his conditions did not warrant a compensable or higher disability rating based on the evidence of record.

The Veteran's service-connected residuals of cold injury to both the right and left hands are currently rated at 10 percent each. The Board has determined that these ratings should be increased to 20 percent, as there is evidence of locally impaired sensation in both hands.

The Veteran's request for waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $12,229.00 was granted due to undue financial hardship.

The Veteran is receiving nonservice-connected pension benefits. The appellant and her minor daughter are not entitled to an apportionment of the Veteran's pension benefits due to the hardship demonstrated by the appellant being unemployed with no income, and the Veteran having a surplus monthly income that would result in undue hardship if 20% or more of his benefits were apportioned.

The Board has determined that the Veteran's right arm disability, characterized by limited motion, does not warrant a rating in excess of 40 percent. The RO previously granted a 40 percent evaluation effective April 3, 2003.

The Board has remanded the case due to a lack of VCAA compliant notice and for further development.

The competent medical evidence does not support a finding that the Veteran's currently diagnosed poliomyelitis and nerve impairment of the bilateral lower extremities are related to his military service.

The Veteran was awarded additional compensation for his dependent spouse effective February 1, 2007. The claimant's failure to provide information about his marital status prior to the award of benefits means that an earlier effective date is not warranted.

The Board has determined that the Veteran's skin disorders of the hands and feet are service-connected as they are shown to have had their onset during his active duty.

The Board finds that the Veteran's current right knee disability, diagnosed as degenerative joint disease and tendonitis, is related to his military service, particularly an injury sustained during parachute jumps. Therefore, service connection for this condition is granted.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Veteran's appeal was dismissed as he withdrew his appeal prior to the Board making a decision.

The Board found no evidence of HIV in service and denied the Veteran's claim for service connection, concluding that there is no competent medical evidence linking his current positive HIV tests to service.

The Veteran's unauthorized medical treatment from September 12 to September 15, 2007 at St. John's Regional Medical Center in Springfield, Missouri was authorized due to the emergent nature of his condition and VA's failure to accept a transfer to a VA facility.

The Veteran's service-connected urethral stricture secondary to traumatic catheterization is currently rated at 60 percent disabling, which is the maximum rating authorized under Diagnostic Code 7318. The disability does not meet the criteria for a higher evaluation prior to June 19, 2006 or from June 19, 2006 to November 17, 2008.

The Board has denied the Veteran's claim for service connection for residuals of a torn left rotator cuff, finding that it is not proximately due to or aggravated by his service-connected right knee disability.

The Board found that there is no evidence of PAD during service or for many years after service, and a July 2009 VA examiner opined that this condition is less likely than not related to the Veteran's service-connected right femur disability. Therefore, the claim for service connection for PAD was denied.

The Board denied the Veteran's petition to reopen his previously denied claim for service connection for a pulmonary disorder, finding that no new and material evidence had been received.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for residuals of a bilateral eye injury and migraines as secondary to such injuries. The Veteran did not have any diagnosed disabilities related to his eyes during or immediately following service, and there is insufficient medical evidence linking current eye conditions to service.