Other conditions decisions — 2009

The Veteran's death was not caused by or a result of his service-connected conditions, and the Board finds no evidence to support a presumption of herbicide exposure in Korea. The cause of death was systemic amyloidosis due to multiple myeloma.

The Board has determined that the Veteran's claim for service connection for a lung condition, to include as due to exposure to asbestos, requires additional development and is therefore remanded.

The Board has determined that the appellant did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is not considered a veteran for purposes of establishing basic eligibility for VA benefits.

The Veteran's claim of entitlement to payment or reimbursement for unauthorized private medical expenses related to an ultrasound conducted in December 2008 is being remanded due to the need for a Travel Board hearing.

The Veteran's claim for prostatitis and earlier effective date for diabetes mellitus were both denied as there is no current diagnosis of prostatitis, and the criteria for an earlier effective date are not met.

The appeal is dismissed due to the death of the appellant.

The Veteran's service in the Nebraska National Guard from July 1949 to August 1956 is not considered qualifying service for nonservice-connected VA death pension benefits as it does not include any period of service during a period of war. Therefore, his basic eligibility for such benefits is denied.

The Board denied the Veteran's claim for an effective date earlier than January 12, 1998, for the current 30 percent rating for his service-connected MVP.

The Board found that the grant of service connection for the cause of the Veteran's death was clearly and unmistakably erroneous, as both prostate cancer and rectal adenocarcinoma were present at the time of his death. The decision concluded that severance of service connection was proper.

The Board has ordered a remand due to insufficient development of the claim for service connection for systemic sclerosis. The Veteran's current condition is being evaluated in light of his service history and any potential exposure.

The Veteran's request to reopen his service connection claim for a right leg disorder is pending and he has been scheduled for a videoconference hearing. The case will be remanded to the RO for scheduling of the hearing.

The Board denied the Veteran's claim for an earlier effective date of May 27, 2003 for a 10% rating for his service-connected inguinal hernia. The Veteran is also seeking an increased rating for his inguinal hernia, but this issue was not addressed in the decision.

The Board found that the Veteran's postoperative vagotomy warrants a disability rating of 40 percent, which is the highest available under the applicable diagnostic code.

The Veteran's appeal for service connection for urethral stricture disease is being remanded due to the need for a videoconference hearing.

The Board has determined that the severance of service connection for left foot pes planovalgus was improper, and thus restored the Veteran's service connection for this condition.

The Board has determined that the Veteran currently has an eye disorder, specifically nuclear sclerotic cataracts. However, there is no evidence to support a secondary service connection for this condition due to his service-connected diabetes mellitus.

The Board denied the Veteran's requests to reopen his claims for service connection for a right elbow injury and regional ileitis, finding that no new and material evidence was submitted.

The Veteran's appeal pertains to the validity of a debt due to overpayment of compensation benefits. The Board has decided that additional development is needed and has remanded the case for further action.

The Veteran claims compensation under 38 U.S.C.A. § 1151 for chronic pancreatitis resulting from an endoscopic retrograde cholangiopancreatography (ERCP) performed at a VA medical center in October 2002. The case is being remanded to obtain additional relevant records and determine the Veteran's eligibility for compensation under 38 U.S.C.A. § 1151.

The Veteran's service-connected herniated discs, L4-L5 and L5-S1, are currently rated at 10 percent. The issues of recurrent bilateral shoulder strain (claimed as tendonitis) have been addressed with a noncompensable rating prior to November 8, 2008, and a compensable rating since that date.