Other conditions decisions — 2009

The Veteran's appeal is remanded for a VA examination to determine the current severity of his spine disabilities and whether he is entitled to an increased rating. The claim will be further adjudicated after the examination.

The Board found that the Veteran's cause of death, cardiorespiratory arrest, was not caused by or substantially contributed to by his service-connected prostate and/or bladder cancer. The Board determined that there is no credible evidence linking the Veteran's cancers to Agent Orange exposure.

The Board has ordered a VA examination to determine the etiology of orthopedic abnormalities of the Veteran's thoracic spine, as this broadly encompasses his upper back disability claim. The Veteran is seeking service connection for an upper back disability that he contends is related to a fall from a helicopter during active duty.

The Board has denied the Veteran's claim of service connection for a genitourinary system disorder, finding that there is no evidence to support a link between her current condition and active service.

The Board denied the veteran's claim for service connection for a chronic respiratory disorder, concluding that it was not established by the evidence on appeal.

The Veteran's death was not caused by VA hospital care, medical or surgical treatment, or examination. The Board found no fault on the part of VA.

The Veteran's service-connected fistula in ano was evaluated as 10 percent from October 6, 1997 to July 18, 2006 and as 30 percent thereafter. The Board found that the evidence did not support a higher rating at any time.

The Veteran's osteomyelitis was rated at 20 percent from February 10, 2002, until February 16, 2003. Since then, he has been rated noncompensably disabling.

The Board found that the service-connected gunshot wound residuals did not cause or contribute to the Veteran's death, and thus denied the claim for service connection for the cause of his death.

The Board has remanded the case due to incomplete VA treatment records and a need for further medical examination.

The Veteran's appeal for apportionment of benefits to his estranged spouse and children has been dismissed due to the withdrawal by the appellant.

The Veteran's service-connected malaria is inactive and without residuals such as liver or spleen damage, thus not warranting a compensable rating.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining STRs and scheduling VA examinations for his right foot condition and PTSD.

The Veteran's service-connected dysthymic disorder has been manifested by occupational and social impairment due to moderate symptoms, warranting a disability rating of 50 percent.

The Veteran's appeal is being remanded for further examination and development of his claims for increased ratings for gunshot wound residuals of the left and right buttocks.

The Veteran's claim for service connection for non-Hodgkin's lymphoma was granted. The appeal regarding the initial disability ratings for bilateral hearing loss prior to July 24, 2008 and from September 23, 2008 to June 8, 2009 is denied. The Veteran is in receipt of the maximum rating (100 percent) for his service-connected bilateral hearing loss for the period from July 24, 2008 to September 22, 2008. The appeal regarding the initial disability ratings for bilateral hearing loss after June 9, 2009 is denied.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as the additional disabilities of decreased vision and ptosis were not found to be caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board has determined that the Veteran's chronic skin disorder, which includes dermatitis, had its origin during service and is therefore granted service connection.

The Board has remanded the case for further development and readjudication, including obtaining service treatment records and providing notice of what evidence has been received and not received by VA.

The Board has determined that the appellant was permanently incapable of self-support due to a congenital heart condition prior to her eighteenth birthday, and thus is entitled to recognition as a helpless child for purposes of receiving VA DIC benefits.