Other conditions decisions — 2009

The Board found that the Veteran's beneficiary designation from June 2000 was valid and not forged, thus denying the appellant's claim for proceeds from her father's NSLI policy.

The Veteran and the appellant are divorced, with TAB being their child. The appellant requested an increased apportionment for TAB's monthly VA compensation benefits due to her special educational needs and asthma. However, the Board found that both the appellant and the Veteran have sufficient income to cover their expenses, thus denying a higher apportionment.

The Board has granted service connection for a thoracic spine disability and found that new and material evidence has been received to reopen the claim of service connection for a left foot disability. The Veteran's current thoracic spine disability is considered direct service connection, as it was manifested during service.

The Board found no evidence of a chronic disability characterized as muscle spasms of the arms or leg cramps that existed since service. The Veteran's statements regarding continuity of symptomatology were not credible, and there is no competent medical evidence linking any current diagnoses to his military service.

The Veteran's claim for an initial compensable disability rating for residuals of a shrapnel wound of the left hand was denied. The VA examiner found no evidence of limitation of motion or other residual effects from the shrapnel injury, and concluded that any arthritis noted on x-ray is unrelated to the shrapnel wound.

The Veteran's appeal is remanded due to the need for a review of his service-connected amnestic disorder and its relationship to ADHD, which was not properly considered in the previous decision. The Board will consider whether ADHD should be service connected.

The Veteran's varicose veins of the right leg are currently rated as 10 percent disabling, and his TDIU claim is denied due to his service-connected disabilities not precluding him from securing or following substantially gainful employment.

The Board has determined that the Veteran's right arm disability is not caused by VA treatment, and thus compensation under 38 U.S.C.A. § 1151 for additional disability is denied.

The Board denied the Veteran's claims for service connection for Buerger's disease and entitlement to special monthly pension based on need for regular aid and attendance of another person or housebound status, finding that the disorder was not incurred in or aggravated by active service.

The Board is remanding the case to schedule a hearing for the appellant and to ensure that the RO complies with its directives.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred from January 27, 2007 to January 30, 2007 is being remanded due to the need for compliance with previous Board instructions and clarification on whether the matter has been granted in part.

The Board has denied a rating in excess of 30 percent for corneal opacity with retained foreign body of the left eye, and has granted special monthly compensation on account of loss of use of the left eye.

The Veteran's claim for service connection for a skin disorder, including as a result of exposure to herbicides, is being remanded due to the need for additional evidence and further development.

The Board found that the Veteran's skin disorders, including verruca planus and hyperhidrosis of the right hand, were not incurred or aggravated by service. The migraine headaches are considered to have manifested within one year post-service but are also not related to service.

The Veteran's appeal regarding service connection for a heart disability has been referred to the RO for adjudication. The decision on apportionment of VA benefits to his child, RJ, prior to February [redacted], 2008, is denied as the amount awarded ($100) does not constitute undue hardship given the Veteran's incarceration and the fact that the apportioned amount was nearly equivalent to what he received himself.

The Board found no evidence of a nexus between the Veteran's current gastrointestinal disability and service, including any in-service exposure to ionizing radiation. The claim was denied.

The Veteran's claim for increased ratings for his bilateral knee disabilities has resulted in a mixed decision, with some issues being granted and others denied. The Board found that the Veteran's right knee disability warranted a 30 percent evaluation from November 30, 2004 to September 30, 2006, based on limitation of extension. For his left knee disability, he was awarded a 30 percent evaluation for this period as well, but also found that the preponderance of evidence did not support an increase in rating from September 30, 2006 to May 12, 2008, based on limitation of flexion.

The Veteran's appeal is being remanded to obtain additional medical records and provide proper VCAA notice. The claims for reopening a left eye disorder claim and increasing the PTSD rating will be reconsidered after these actions.

The Board has determined that there is no current evidence of a chronic lung disorder or any other condition related to service, and thus the Veteran's claim for service connection for residuals of collapsed lungs, including chronic pneumonia, Behcet's disease, and lung disease disorder, is denied.

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