Other conditions decisions — 2009

The Veteran seeks service connection for carcinoid cancer, which he claims is related to his active service. The claim is being remanded due to incomplete records and the need for a VA examination.

The Board has determined that the Veteran's squamous cell lung carcinoma is a result of his in-service exposure to asbestos, and thus service connection for this condition is granted.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death, finding that there was no competent evidence linking the Veteran's fatal pneumonia to his military service.

The appellant is not considered a veteran for purposes of United States veterans' benefits, and therefore is not eligible for VA disability compensation or non-service-connected disability pension.

The Board found that the appellant can be recognized as the surviving spouse of the Veteran for purposes of VA death benefits, considering her testimony and the separation was primarily due to the Veteran's misconduct without fault on her part.

The Board has remanded the case for further action due to failure to obtain relevant records from Hollywood Presbyterian Medical Center, and for notification of the appellant regarding the inability to obtain such records.

The Board has reopened the Veteran's claims for service connection for joint pain of the ankles, feet, shoulders and knees, including as due to undiagnosed illness, and epigastric pain, including as due to undiagnosed illness. The evidence received since the March 2002 decision is new and material.

The Veteran's unauthorized medical expenses incurred on June 17, 2004 at St. Alphonsus Regional Medical Center are eligible for reimbursement by VA.

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

The Board has determined that the appellant did not have varicose veins of the right leg during active service and that they did not manifest to a compensable degree within a year of service. Therefore, service connection for varicose veins of the right leg is denied.

The Board has granted an increased monthly apportionment of $167.00 and $176.00 of the Veteran's VA compensation, effective July 28, 2008, and December 1, 2008 respectively, for the benefit of his dependent children.

The Veteran's claim for an increased rating for his service-connected residuals of a shell fragment wound to the left hand is being remanded due to incomplete examination findings and additional development needed.

The Veteran's appeal has been dismissed due to his death. The issues of service connection for muscular atrophy of the lower extremities and TDIU have not progressed further.

The Board found that the overpayment of additional benefits on behalf of a dependent spouse was properly created, and denied the Veteran's appeal.

The Veteran's claim for a higher rating for residuals of a fracture of the left tibia and fibula was denied as there is no evidence of moderate impairment of the tibia and fibula, warranting a higher rating.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's bowel disability, as well as whether he requires regular aid and attendance or is housebound due to his service-connected disabilities.

The Veteran withdrew his appeal regarding the service connection for a right ruptured ear drum.

The Board found that the Veteran's benign prostatic hypertrophy and urethral obstruction status post transurethral vaporization of the prostate were not incurred in or aggravated by service.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital due to failure to timely file the claim within 90 days from the date of discharge.

The Board has granted service connection for degenerative joint disease of the first metatarsal phalangeal joint of the left foot and reopened the claim for hiatal hernia with reflux esophagitis. The Veteran's claims regarding right carpal tunnel syndrome, left toe injury, and left CTS remain pending.