Other conditions decisions — 2010

The Board has determined that new and material evidence has not been presented to reopen the claim of service connection for residuals of pneumonia. The Veteran's previous denial was based on a finding that there were no permanent residuals of pneumonia, which is an unestablished fact necessary to substantiate the claim.

The Veteran's claim for service connection for chronic lymphocytic lymphoma was denied as there is no evidence of the condition in service or a link to service, and he did not serve in Vietnam.

The Board has determined that the Veteran's chronic left tibial stress fracture residuals originated during active service and granted his claim for service connection.

The Board found no evidence linking the Veteran's current schizoaffective disorder to his military service, and thus denied his claim for service connection.

The Veteran seeks service connection for body sores secondary to herbicide exposure during service. The case is remanded due to the need for additional medical examination and records.

The Board found that the Veteran's non-Hodgkin's lymphoma was not incurred in or aggravated by active military service and denied his claim for service connection.

The Board found that the Veteran does not have a current heart disability and denied his claims for service connection and nonservice-connected pension benefits.

The Board has determined that new and material evidence has been received to reopen the previously denied claim for service connection for residuals of an injury to the right great toe. The Veteran contends that he currently has residuals of an injury to his right great toe, which are believed to be related to a large metal beam falling on his foot during military service.

The Veteran's cardiomyopathy was first diagnosed during service and is related to his period of active military service, warranting service connection.

The Board has determined that the appellant's left rotator cuff tendonitis is attributable to service and granted her claim for service connection.

The Veteran's right hip disability is manifested by pain and limited motion, but does not meet the criteria for a higher rating as his flexion limitation is less than 30 degrees.

The Veteran's claim for specially adapted housing is being remanded due to insufficient evidence regarding the left lower extremity.

The Board has determined that further development is necessary to adjudicate the Veteran's claim for service connection for residuals of left eye injury. The case is REMANDED for obtaining all outstanding medical records and VA examination reports from the Kansas City VA medical center.

The Veteran's adenocarcinoma of the prostate was not manifested by urinary leakage requiring absorbent materials changed less than two times per day, or daytime voiding interval between one and two hours, or awakening to void three to four times per night prior to November 11, 2008. Since November 11, 2008, the Veteran's adenocarcinoma of the prostate has not been manifested by urinary leakage requiring absorbent materials changed two to four times per day, or daytime voiding interval less than one hour, or awakening to void five or more times per night.

The Board denied the Veteran's claim for a rating in excess of 10 percent for chronic suppurative otitis media, finding that the maximum schedular rating had been assigned and no additional ratings were warranted based on evidence of other complications or diagnoses.

The Board has remanded the case for further development due to incomplete records and will consider whether new and material evidence has been received to reopen the claim of service connection for thrombophlebitis of the right leg.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied as there is no competent medical evidence showing that he has a chronic disability manifested by pain, to include testicle pain, due to procedures performed at VA medical facilities in June 1992 and May 2007, as a result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board found that the overpayment of $4,850 was properly created and is a valid debt. The appeal is denied.

The Veteran's service is not considered active duty during a period of war, and thus he does not meet the eligibility criteria for nonservice-connected pension benefits.

The Board has reopened the Veteran's claim for service connection for a stomach condition, including duodenal ulcer, hiatal hernia, and peptic ulcer disease (PUD). The new evidence provided by the VA examiners supports the reopening of the claim.