Other conditions decisions — 2010

The Veteran's claim for an effective date prior to May 15, 2007 for the grant of service connection for left patellofemoral chondromalacia is granted. The effective date will be June 8, 2006.

The Board dismissed the appeal due to the Veteran's death.

The Board denied the appellant's request for an effective date earlier than June 25, 2007 for the award of death pension benefits. The decision stated that the claim was filed after December 2004 and more than one year following the Veteran's death, making the effective date the date of receipt of the claim.

The Board has remanded the case for a video conference hearing due to the Veteran's request. The claims of reopening service connection and secondary service connection for depression are pending.

The Veteran's claim for service connection for a bilateral foot disorder is being remanded due to the need for additional records and further development.

The Veteran's claim for an effective date earlier than March 24, 2004, for the award of special monthly compensation (SMC) for loss of use of both feet is denied as there is no legal basis to grant such a request due to the finality of the June 2005 rating decision.

The VA determined that the Veteran's residuals from his exploratory laparotomy and colonoscopy were not caused by negligence or fault on the part of VA, and thus denied compensation under 38 U.S.C.A. § 1151.

The case is being remanded for further development to determine the current severity of the Veteran's service-connected residuals of a fracture of the third metatarsal and whether separate ratings should be assigned for his Morton's neuroma.

The Veteran seeks service connection for a skin disability affecting his bilateral feet. The Board has determined that additional development is needed, including obtaining medical records and scheduling the Veteran for an examination to determine the nature and etiology of his claimed condition.

The Board has remanded the case for further development, including obtaining VA records related to informed consent obtained in conjunction with a transesophageal echocardiogram performed on April 26, 2001. The claim will be reconsidered after these actions.

The Board granted increased ratings for the Veteran's service-connected shell fragment wound disabilities, assigning a 20% rating each for the left arm and back.,Both conditions were rated based on muscle group involvement rather than exposure to specific hazards like burn pits or Agent Orange.

The Board found no evidence of a left foot disorder in service and insufficient medical evidence linking the current condition to military service. The Veteran's claim for service connection was denied.

The Veteran's service-connected gunshot wound residuals to the left and right buttocks are currently rated at 20 percent each, with no evidence of additional disability warranting a higher rating.

The Board found that the appellant's deceased husband did not have qualifying service and therefore is not considered a veteran for VA benefits purposes.

The Veteran's non-service-connected pension benefits were retroactively and prospectively reduced, leading to an overpayment of $36,520. The RO denied a waiver of this overpayment in July 2000, and the Veteran has appealed both the reduction and the denial of the waiver.

The Board found that the appellant's current low back disability is not related to his active service and denied his claim.

The Veteran's acquired psychiatric disability, including schizoaffective disorder with panic disorder, is found to be related to his military service and the claim for service connection is granted.

The Board found that the Veteran's right eye disorder is not related to his service and denied his claim.

The Veteran's claim for an increased evaluation for his service-connected left foot disability was denied. The Board found that the evidence did not support a rating in excess of 30 percent, but granted a separate 10 percent rating for degenerative arthritis.

The Board has determined that the Veteran's fatal primitive neuroectodermal brain tumor, which is a type of soft-tissue sarcoma, was caused by herbicide exposure during service. As such, the cause of death is deemed to be service-connected.