Other conditions decisions — 2010

The Board is remanding the case to allow for a proper reduction evaluation and an increased rating determination.

The Board has remanded the case due to inadequate September 2008 VA examination and new evidence submitted by the appellant. The Veteran's death is being reconsidered, but the service connection for the cause of death remains undecided.

The Board has granted a 20 percent evaluation for the Veteran's service-connected post bulbar ulcer, which is more than the current 10 percent rating. The disability picture is considered by the Rating Schedule and no extraschedular consideration is warranted.

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

The Board found that the Veteran did not have current disabilities of beriberi, dysentery, malnutrition, or malaria. As a result, service connection for these conditions was denied.

The Veteran's claim for service connection for chronic myelogenous leukemia, including as secondary to benzene exposure in service, is being remanded due to the need for further development regarding his alleged exposure and its potential impact on his condition.

The Veteran's appeal is denied as he did not inform the VA of his divorce and subsequent remarriage in a timely manner, resulting in an overpayment being created. The effective date for dependency benefits was determined to be August 1, 2004.

The Veteran's claim for an earlier effective date for the 40 percent evaluation of bladder incontinence is denied.,An effective date of December 19, 2006, but no earlier, is granted for the assignment of a 60 percent evaluation for bladder incontinence. The claim for an earlier effective date for the 60 percent evaluation of bowel incontinence is denied.

The Board has determined that additional development is required to determine the validity of the overpayment and whether the Veteran's waiver request was timely filed. The case will be returned for further review.

The Veteran does not have a current disability related to soft-tissue sarcoma or non-Hodgkin's lymphoma, and the evidence does not support service connection for these conditions.

The Board has determined that the Veteran's Raynaud's phenomenon is etiologically related to severe cold exposure during his military service, and thus grants the claim of entitlement to service connection for Raynaud's phenomenon.

The Board has determined that the Veteran's claim for service connection for degenerative changes at L3-4 and L5-S1 must be remanded due to the need for further development, including obtaining additional medical records and clarifying the Veteran's duty status during his November 2004 back injury.

The Veteran's request for a waiver of past prescription co-payments has been denied, and he is owed $490.25 by VA.

The Board found that the appellant's left leg disability was not present during his period of service in the Army National Guard or for more than nine months thereafter, and was not caused by any incident of service.

The Board has remanded the case due to pending claims for service connection and accrued benefits. The issues of entitlement to service connection for cause of death, new and material evidence for cold injury to the feet, service connection for cold injury to the hands, service connection for respiratory disability, and increased rating for bilateral hearing loss are now before the Board.

The Board has reopened the claim of service connection for cause of death and determined that new evidence received since the last final denial supports a possible relationship between the Veteran's cause of death and his military service. However, the Board found no evidence to support a direct or secondary link between the Veteran's cause of death and any service-connected disability.

The Board denied the Veteran's claims for service connection for right hydrocele and an increased evaluation for lumbosacral strain. The Veteran was found not to have a current disability related to his in-service injury, and there was no evidence of a nexus between any diagnosed condition and his military service.

The Veteran's appeal is being remanded due to the need to reschedule his videoconference hearing before the Board of Veterans' Appeals.

The Veteran's claim for reimbursement of private medical expenses incurred on November 8, 2007 is denied because VA facilities were feasibly available and the treatment was not in response to a medical emergency.

The Veteran's service-connected right base fibrous pleurisy does not meet the criteria for special monthly pension based on need for regular aid and attendance of another person or being housebound.