Other conditions decisions — 2010

The Veteran's squamous cell carcinoma of the right tonsil was not incurred in or aggravated by service, and may not be presumed to have been incurred due to exposure to herbicides. The claim for service connection is denied.

The Veteran's claim for a compensable evaluation for prostatitis is being remanded due to the need for additional development, including obtaining relevant treatment records and scheduling an updated VA examination.

The Veteran's claim for service connection for HIV infection is being remanded due to incomplete records and the need for further medical examination.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that he was not entitled to total disability compensation based on his service-connected disabilities. The appeal is remanded to provide VCAA compliant notice and to consider the case again.

The Veteran does not have a currently diagnosed left leg disability that is service-connected or caused by his service-connected right ankle fracture. The Board finds the evidence against the claim outweighs any proffered lay assertions.

The Veteran's right elbow disability, including olecranon spur and degenerative joint disease, has been rated at 10 percent since April 28, 2009.

The Board found that the Veteran's orthopedic residuals of a left fifth metacarpal fracture did not warrant a compensable evaluation during any portion of the relevant period.

The Veteran's claim for an initial compensable evaluation for onychomycosis of the feet was denied as there is no evidence that the condition extends beyond the toenails and nail bed, nor does it meet the criteria for a compensable rating under any applicable diagnostic code.

The appeal has been dismissed due to the death of the appellant.

The Veteran's appeal is being remanded for additional development, including a VA psychiatric examination to assess the current severity of his service-connected PTSD and determine if it renders him unemployable.

The Veteran's claims for earlier effective dates for his service-connected bladder and bowel incontinence ratings have been denied.

The Board has determined that the Veteran's death from pancreatic cancer was caused by his in-service exposure to Agent Orange, and thus service connection for the cause of the Veteran's death is granted.

The Board denied the appellant's application to reopen her service connection claim for the cause of the Veteran's death, finding that no new and material evidence had been submitted.

The Veteran's initial claim for a compensable rating for bilateral foot calluses was granted, and he is currently rated at 10 percent.

The Board denied the Veteran's claim for an extension of his delimiting date for educational assistance benefits under Chapter 30, as there was no evidence that a physical or mental disability prevented him from initiating or completing an educational program during his basic eligibility period.

The Veteran's overpayment of $4,663.37 in compensation benefits is waived due to the fault being outweighed by VA's fault and because recovery would be against equity and good conscience.

The Veteran's appeal is being remanded due to the need for additional evidence and a VA examination.

The Veteran's claim for payment or reimbursement of medical expenses, including insurance premiums, incurred between July 2004 and March 2006 is dismissed as the Board does not have jurisdiction over this issue.

The Veteran's claim for service connection for Chronic Lymphocytic Leukemia (CLL) was denied because there is no evidence of a current disability or in-service exposure to Agent Orange, which is required for presumptive service connection.

The Veteran's Crohn's disease is productive of severe diarrhea with more or less constant abdominal distress, warranting a 30 percent evaluation.