Other conditions decisions — 2009

The Veteran's service-connected residuals of injury to the left fourth finger are currently evaluated as 10 percent disabling due to ankylosis, and no higher rating is warranted under any other diagnostic codes.

The Veteran seeks an initial compensable evaluation for service-connected mitral valve prolapse. The Board has determined that a VA examination is needed to assess the current severity of his disability.

The Veteran's claims for service connection for arthritis and colon cancer, both claimed as due to exposure to herbicides (Agent Orange), are denied as there is no evidence of a nexus between the conditions and his military service.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for the cause of the Veteran's death. The case is remanded for additional development, including a VA medical opinion on whether the Veteran's pancreatic cancer was caused or aggravated by in-service chemical exposure.

The Veteran's claims for service connection for onychomycosis of the left big toe, bilateral ankle condition, bilateral hearing loss, sleep disorder (including sleep apnea), and chipped teeth were denied. The Board found that there was no evidence showing a compensable disability rating or any other basis for granting these claims.

The Board has granted the waiver of overpayment for $44,368 in VA death pension benefits. The decision found that the appellant was at fault for accepting benefits to which she was not entitled due to her remarriage and continued to receive them for six years.

The Veteran's death was caused by a completed stroke, which is presumptively service-connected for former POWs. The appellant's claim for service connection for the cause of her husband's death was granted effective October 5, 2006.

The Veteran's claim for an increased rating for his service-connected residuals of a gunshot wound to the left lower abdomen and repair surgery with mild discogenic degenerative disease at L3-4, L4-5, and L5-S1 and arachnoiditis and lumbosacral stenosis at L4-5 was denied. The Veteran's disability is currently rated as 20 percent disabling.

The Veteran's service did not meet the basic eligibility criteria for nonservice-connected disability pension benefits due to insufficient active duty service.

The Board has granted service connection for macular puckering and epiretinal membrane of the right eye, finding that these conditions are reasonably related to service. The Veteran's initial compensable rating for residuals of trauma to the right eye is also granted.

The Board has determined that the contested claims procedures have not been followed and has therefore remanded the case for further development.

The Veteran's request for waiver of overpayment was denied because it was not filed within the 180-day time limit from the date of notification.

The Veteran's initial compensable rating for his left hand third metacarpal fracture is granted as of June 22, 2009. Prior to that date, the claim was denied.

The Veteran's request for waiver of recovery of an overpayment in the original calculated amount of $873.59 was timely filed, and the appeal is granted to this extent.

The Veteran's request for vocational rehabilitation training outside the United States was denied as VA determined that a case manager has not determined this training is in his best interest and would cause personal hardship. Training towards an MPA is available in the United States, which does not cause personal hardship.

The Board has remanded the case due to incomplete records and further development is required.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the evidence did not show an additional disability resulting from VA dental treatment, and there was no showing of carelessness or negligence on VA's part.

The Board has determined that the Veteran's G6PD deficiency is a congenital defect and not a disease or injury incurred in service. As such, service connection for this condition cannot be granted.

The Board found no evidence of a chronic skin condition related to service or herbicide exposure.,There is insufficient evidence to establish numbness of the feet as a current disability.

The Board denied the Veteran's claims for increased evaluations for his right hip and right radius and ulna disabilities, finding that the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.