Other conditions decisions — 2010

The Board has determined that the submitted evidence is not new and material, thus denying the reopening of the claim for service connection for a duodenal ulcer.

The Board found that the overpayment of VA educational assistance benefits was not valid due to administrative error, and thus granted the Veteran's claim.

The appeal is being remanded due to the appellant requesting a personal hearing before a Veterans Law Judge seated at the RO. The case will be handled by the Regional Office (RO) via the Appeals Management Center (AMC).

The Board found that the Veteran's residuals of colorectal cancer (claimed as a stomach disorder) were not present during service or for many years thereafter, and were not caused by any incident of service including Agent Orange exposure or asbestos exposure. As such, the claim was denied.

The Veteran's death was due to asystole and autonomic neuropathy, which the VA examiner concluded was not caused by his military service or a service-connected disability. The Board denied service connection for Guillain-Barré Syndrome and found that the cause of death did not stem from a service-connected condition.

The Board determined that the evidence of record was insufficient to establish entitlement to a compensable evaluation for pelvic inflammatory disease. The Veteran failed, without good cause, to report for scheduled VA examination needed to determine whether she meets the schedular criteria for an increased rating.

The Veteran's appeal was denied for the requested increased disability ratings. The RO maintained that his service-connected conditions did not warrant higher ratings based on the evidence of record.

The Veteran's left eye vision loss is not considered to be a result of VA carelessness, negligence, or lack of proper skill during cataract surgery in March 2000.

The Veteran's claim for a rating in excess of 20 percent for his left knee disability from April 8, 1999, to April 2, 2003, and from June 1, 2003 is being remanded due to the need for additional development.

The Board has remanded the case due to incomplete development and requests a new medical opinion regarding the Veteran's skin disorder.

The appellant's claim for increased DIC and/or SMC benefits based on the need for regular aid and attendance or by reason of being housebound was denied because she missed scheduled VA examinations without providing a valid reason.

The Veteran's appeal is being remanded due to the need for further medical examination of his left upper extremity disabilities, including the residuals of shell fragment wounds. The claim will be considered again after the results of this examination.

The Board has ordered the Department of Veterans Affairs Medical Center to gather additional information regarding inpatient treatment at Edward John Noble Hospital for cellulitis disorder. The Veteran's claim is being remanded for further investigation and documentation.

The Board denied the Veteran's request for a waiver to recover an overpayment of improved disability pension benefits due to his failure to report additional family income, which resulted in a willful failure to disclose material facts.

The Board found that the Veteran's squamous cell carcinoma of the right tonsil was not incurred in or aggravated by service, including as due to Agent Orange exposure.

The Veteran's service-connected left elbow disability is currently rated at 40 percent, and the Board finds no basis for a higher rating.

The Veteran's low back disability, characterized by pain and limited motion, does not meet the criteria for a rating in excess of 40 percent since May 1, 2008.

The Veteran's service-connected degenerative joint disease of the spine is not shown to have been manifested by unfavorable ankylosis, incapacitating episodes, or separately ratable neurological deficits. Therefore, his claim for a higher evaluation is denied.

The Veteran's claims for service connection were granted, with the hypertensive vascular disease found to be secondary to PTSD and onychomycosis of the toenails found to be related to herbicide exposure. However, no specific disability rating or effective date was assigned.

The Board has determined that the Veteran's residuals of malaria are related to his active duty service and grants the claim for service connection.