Other conditions decisions — 2009

The Board found that the Veteran's post-concussion syndrome is not related to her service-connected cervical spine fusion and denied her claim.

The Board denied the Veteran's claims for service connection for arthritis of the left leg and right leg, as well as his claim for an increased rating for chondromalacia of the left knee. The Veteran was granted a separate 10 percent rating for left knee osteoarthritis effective June 5, 2002.

The Veteran's request to reopen his previously denied claim of entitlement to service connection for a disability manifested by chest pain was denied. The evidence submitted since the October 2001 rating decision is not new and material.

The Board found that the Veteran's right hip disability was not incurred in or aggravated by active military service, may not be presumed to have been incurred in or aggravated by service, and is not proximately due to or the result of any service-connected disability.

The Veteran's service-connected residuals of cold injuries to both legs and feet are currently rated at 20% for the left leg and foot, and 30% for the right leg and foot. The maximum schedular evaluations have been assigned.

The Board found that the Veteran's current low back disorder, diagnosed as lumbar spine discogenic disease at L5-S1 with bilateral radiculopathy, is due to a congenital defect (L5 spondylolysis) that he necessarily had prior to his military service and which was not aggravated during or by his service beyond its natural progression.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his left shoulder disability.

The Board found that the preponderance of evidence is against the Veteran's claim, concluding that there was no fault on VA's part in prescribing Naproxen and that it did not cause additional disability.

The Board denied the Veteran's request for a waiver of overpayment of VA compensation benefits, finding that recovery was not against equity and good conscience.

The Board has dismissed the appeal due to the appellant's death, as the claim is no longer viable.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board is remanding the case to schedule a personal hearing for the Veteran regarding the propriety of severing service connection for porphyria cutanea tarda.

The Board has determined that further development is needed to determine if the Veteran's shortness of breath and stomach and bowel disability are related to his service-connected multiple laceration wounds and post-operative scars. The VA will schedule appropriate examinations and review the claims file.

The Veteran's TDIU claim was granted with an effective date of September 24, 2002.,His basic eligibility for DEA benefits was also granted with an effective date of May 3, 2006.

The Veteran's service-connected varicose veins of the left leg have not been shown to be productive of more than persistent edema and stasis pigmentation without intermittent ulceration, which does not meet the criteria for a higher evaluation.

The Board has determined that the Veteran's lung cancer, which caused his death from herpetic esophagitis, was incurred as a result of service and is therefore service-connected.

The Veteran's VA pension benefits were properly terminated effective from April 2006 to April 2007, due to excess countable income. The appeal is denied.

The Board has decided that the VA Medical Center in Omaha, Nebraska needs to obtain missing evidence before deciding on the Veteran's claim for dental treatment.

The Veteran's claim for service connection for a jaw or dental disorder is being remanded due to the need for more precise information about the nature of his disability and additional medical records.

The Board has remanded the case for further development, including a request to the National Personnel Record Center (NPRC) for verification of the appellant's claimed service. The issue is whether new and material evidence has been received to reopen the appellant's claim of legal entitlement to VA disability benefits.