Other conditions decisions — 2010

The Veteran's death was not caused by a service-connected disability, and the appellant did not meet the requirements for DIC benefits under 38 U.S.C.A. § 1318.

The Board has decided to remand the case for additional development, including a VA examination and opinion regarding service connection for bone loss on the right side of the cheek.

The Veteran's claim for service connection for residuals, status post left corneal wedge recession, claimed as left salpingectomy was denied. The appeal also includes a request for an initial evaluation in excess of 30 percent for PTSD and residuals, status post right salpingectomy and exploratory celiotomy, claimed as abdominal pain, which is pending.

The Veteran's claim for an initial rating in excess of 10 percent, to include entitlement to a 100 percent rating, from February 15, 2007, for residuals of a stroke secondary to the service-connected heart disease is being remanded due to scheduling issues.

The Board has determined that the Veteran's cause of death was due to his service-connected Acute Lymphocytic Leukemia, which is presumed to have been caused by exposure to herbicides during service in Vietnam. As such, the claim for service connection for the cause of the Veteran's death is granted.

The Veteran's service-connected amputation of the right little toe with midfoot degenerative joint disease is currently rated at 10 percent, which is the maximum schedular rating available under Diagnostic Codes 5010-5284. The RO has granted a higher disability rating based on this condition.

The Veteran's countable income exceeds the applicable maximum annual pension rates (MAPRs) for the time period in question, and his claim for nonservice-connected disability pension benefits is denied.

The Veteran is seeking service connection for cold injury residuals to the bilateral upper extremities, including arthritis. The Board has determined that a new VA examination is needed to determine if his current conditions are related to his active military service.

The Veteran's cause of death is listed as old and recent myocardial infarction, with right coronary occlusion as the underlying cause. The appellant contends that his service-connected GERD masked symptoms of angina pectoralis and contributed to his hypertension which developed shortly after discharge from active duty.

The Board has remanded the case for additional development, including obtaining private treatment records and providing opinions regarding service connection.

The Board denied the Veteran's claims for earlier effective dates for increased ratings of his service-connected exertional compartment syndrome of the right and left lower extremities, finding that no increase in disability was factually ascertainable within one year prior to November 30, 2007.

The Board has denied the Veteran's claims for service connection for an ulcer disorder and chronic gastritis, finding that new and material evidence was not received to reopen the previously denied claim.

The Veteran's claims for SMC based on statutory housebound status, service connection for chronic pain syndrome, and increased ratings for multiple scars were denied. The claim of CUE in an August 1994 rating decision was also addressed but not specified as granted or denied.

The Veteran's ear pain was treated at a private hospital due to the unavailability of VA facilities, and the treatment was deemed necessary as it posed a risk to his health. The Board found that payment or reimbursement for these expenses is warranted.

The case is being remanded to the RO for further action, including requesting service department verification of the appellant's deceased husband's claimed active service in World War II. The benefit sought on appeal is not granted at this time.

The Board has remanded the case due to the need for a VA examination regarding the etiology of the Veteran's allergies.

The Veteran's service-connected left pyeloplasty with hydronephrosis is not associated with renal colic, and thus does not meet the criteria for a higher rating.

The Veteran's service treatment records are negative for any complaints, treatment, or diagnosis of tuberculosis. The Board finds no evidence to support a finding that the Veteran currently has a lung disorder that is causally related to his military service.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for the residuals of mitral valve replacement and angioplasty, including decreased stamina and an ascending aortic aneurysm (formerly evaluated as coronary artery disease, post-heart valve replacement). The case must be remanded to allow for a Travel Board Hearing.

The VA denied the Veteran's claim for an initial disability rating in excess of 10 percent for his herniated nucleus pulposus L4-5, status post discectomy. The evidence showed that the Veteran had pain and limited range of motion but no incapacitating episodes or objective neurological disabilities.