Other conditions decisions — 2009

The Veteran's claim for an increased evaluation for his service-connected degenerative joint disease of the spine is being remanded due to the need to obtain additional medical records.

The Board found that the Veteran's bilateral foot condition is unrelated to his military service, including presumed exposure to herbicide agents.

The Board has determined that the Veteran's current right eye disability, including residuals of a right eye injury, is not related to his military service and therefore denied his claim for service connection.

The Veteran's appeal for a total disability rating due to individual unemployability (TDIU) has been dismissed because the Veteran died during the pendency of the appeal.

The Veteran does not have a disability manifested by pain and numbness of the right hip and leg that is attributable to his active military service.

The Board denied the Veteran's claims for service connection for left little toe amputation due to squamous cell carcinoma and for an effective date prior to August 28, 2000, for the grant of service-connection for peptic ulcer disease. The decision found that the Veteran was not exposed to ionizing radiation during service and that his cancer did not have a causal relationship with service.

The Veteran's overpayment of nonservice-connected disability pension benefits was denied because the fault lay with the Veteran for not reporting his income changes, and recovery would not result in undue hardship or unjust enrichment.

The Board found that the Veteran's loss of teeth, rib fractures, compression fractures of the spine, loss of feeling in the right leg, and dysphagia were not caused by VA hospital care or treatment. The proximate cause was deemed to be the Veteran's own actions during his February 2004 hospitalization at the Des Moines VAMC.

The Veteran's service-connected gunshot wound to the left foot with early posttraumatic arthritis is currently rated at 10 percent, and the Board finds that an evaluation in excess of this rating is not warranted.

The Board has remanded the case for a videoconference hearing due to the Veteran's request.

The Veteran's claims for increased ratings for his service-connected bilateral hip strain and thoracolumbar strain were denied. The RO assigned a noncompensable rating for the bilateral hip strain and staged ratings for the thoracolumbar strain.

The Board has received notification of a withdrawal of the appeal from the appellant, and thus the appeal is dismissed.

The Board found that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the Veteran's death.

The Board has remanded the case due to incomplete service records and a need for further examination regarding the Veteran's current colon conditions.

The Veteran's service-connected Crohn's disease is productive of moderately severe symptomatology, including diarrhea and cramping, but does not meet the criteria for a higher disability rating.

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

The Board has decided to remand the case for further development, including obtaining medical records and a VA audiological examination.

The Board has decided to remand the case for additional development due to the appellant's waiver of RO consideration.

The Veteran's military service does not meet the threshold service eligibility requirements for VA non-service-connected pension benefits due to lack of active duty during a period of war.

The Board has remanded the case due to the appellant's failure to appear for her scheduled hearing. The case will be returned to the RO/AMC for scheduling a new hearing.