Other conditions decisions — 2010

The Board has denied the Veteran's request for a waiver of overpayment of VA nonservice-connected pension benefits in the amount of $57,474.00 due to his failure to report income from Social Security Administration.

The Veteran's death was not due to CLL, but rather sepsis. The Veteran had service-connected Waldenstrom's macroglobulemia (WM) as secondary to Agent Orange exposure and this condition is considered a presumptive disability under the Agent Orange Act. However, his claim for accrued benefits based on retroactive entitlement to service connection for CLL was denied.

The Veteran's appeal is denied as he did not meet the eligibility criteria for Chapter 34 or Chapter 30 educational assistance benefits.

The Veteran's appeal for reimbursement of medical expenses incurred at a private hospital on September 17, 2008 was dismissed as the issue is moot due to a subsequent grant of full reimbursement in February 2010.

The Board has granted service connection for AML and left upper lung removal due to herbicide exposure during service in Vietnam. The low back disorder claim is denied, but the TDIU claim is granted.

The Board found that the service member's death was caused by metastatic insulinoma, which may have been related to his exposure to Agent Orange during service. The claim for cause of death is granted, and basic eligibility for Dependents' Educational Assistance (DEA) benefits is established.

The Board denied the Veteran's claims for service connection for arthritis with joint stiffness of the hip, back and neck as well as a claim for an evaluation in excess of 30 percent for eczema. The VA medical records did not support a link between the Veteran's current symptoms and his military service.

The Veteran's cold and flu were acute and transitory, resolving without chronic residual disability. The Board denied service connection for residuals of mandible fracture.

The Board dismissed the appeal due to the Veteran's death, as it has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that the Veteran's right and left knee disabilities, currently identified as patellar tendonitis, do not warrant a compensable rating under applicable diagnostic codes due to their mild symptoms and full range of motion with no additional limitation following repetitive motion.

The Veteran's claims for increased ratings for duodenal ulcer and postoperative recurrent pilonidal cyst were denied as the evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Board denied the appellant's claim for benefits under 38 U.S.C.A. § 1805, finding that she does not have a form or manifestation of spina bifida.

The VA determined that the Veteran's thoracic spine disability does not warrant a rating higher than 20 percent, as there is no evidence of severe limitation of motion or other disabling conditions.

The Veteran's claim for a higher rating for the residuals of a fracture of the right femur has been granted, and he is now rated at 100 percent. The need for regular aid and attendance of another person due to his service-connected disability has also been established, allowing him to receive SMC at the highest rate. However, because the grant of a 100 percent rating for the right femur renders moot his claim for TDIU, that issue is not addressed further.

The Veteran does not have neurological impairment of his lower extremities and the Board concludes that service connection is not warranted for this condition.

The Board has determined that there is no current evidence of mitral valve prolapse or loss of vision in the left eye related to service, and thus denied both claims for service connection.

The Board has determined that the Veteran does not have a current disability of dysplasia and therefore, service connection for this condition is denied.

The Veteran's service connection claim for PTSD was granted with an effective date of March 7, 2002. He is seeking an earlier effective date.

The Board has withdrawn the claims of service connection for anemia and sinus allergies due to withdrawal by the Veteran. The claim of service connection for a perforated sinus is denied as there is no evidence of current disability or continuity of symptomatology since service.

The Board has scheduled a hearing for the appellant but he failed to appear. The case is now REMANDED due to his failure to report, and the RO should schedule another hearing as appropriate.