Other conditions decisions — 2010

The Veteran's right distal radius fracture with plates and screws does not warrant a higher rating as there is no compensable limitation of motion or other disabling symptoms.

The Board denied the Veteran's claim for an effective date prior to October 16, 2003 for the award of service connection for Chronic Lymphocytic Leukemia (CLL) based on presumed exposure to Agent Orange. The regulatory provision allowing for presumptive service connection for CLL due to Agent Orange exposure went into effect on October 16, 2003.

The Veteran's appeal is remanded for further development, including scheduling a VA examination and obtaining additional medical records. The claim will be reconsidered with consideration of whether to rate the disability under DC 6350.

The Veteran's left hand injury resulted in pain and tenderness, with some limitation of motion. The Board has assigned a 10% rating for the disability based on limitation of motion.

The appellant was not recognized as the Veteran's surviving spouse for VA death benefits due to her divorce from the Veteran prior to his death in 2006.

The Veteran's claim for service connection for TMJ problems as secondary to PTSD was granted, and he is now receiving a compensable rating for hypertension. The claims for initial noncompensable ratings for bilateral hearing loss and TDIU were denied.

The Board has determined that the overpayment was solely due to VA administrative error and therefore not properly created, thus invalidating the debt.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her income exceeding the maximum annual pension rate.

The Board denied the appellant's request for a waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $696.00, finding that it was not timely filed.

The Veteran's adjustment disorder with depressed mood has not been manifested by the required symptoms for a higher rating, and thus his initial claim for an increased rating is denied.

The Board denied the appellant's claim for VA death benefits as his father did not have qualifying service and he does not meet the age eligibility requirements to be considered a child of the veteran.

The Veteran's claim for an evaluation in excess of 10 percent for keloids and pruritis on chest, upper back, arms and flank was denied. The issue of service connection for unstable angina and a heart disorder, to include as secondary to service-connected hypertension, was also denied.

The Board found that the appellant did not have recognized active service with the U.S. Armed Forces, thus denying her basic eligibility for VA benefits.

The Veteran died of pancytopenia due to non-Hodgkin's lymphoma, which is not a disease subject to presumptive service connection. However, the death certificate was incorrect and the cause was actually non-Hodgkin's lymphoma. The claim will be remanded for further review including obtaining complete personnel records and verifying Vietnam service.

The Veteran is seeking service connection for his current right arm and neck pain. The Board finds that a VA examination is needed to determine the etiology of these conditions.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board denied the Veteran's claim of service connection for missing teeth for compensation and treatment purposes, finding no evidence that the loss was due to trauma or disease such as osteomyelitis during service.

The Board found no evidence of a nexus between the Veteran's lung disability and service, including exposure to asbestos. The claim for service connection was denied.

The Board found that the cause of the Veteran's death was pneumonia, which did not have a direct relationship to service or any service-connected disability. Therefore, the claim for service connection for the cause of death is denied.

The Veteran's private medical expenses incurred at Valley View Regional Hospital from November 25, 2006 to November 27, 2006 were approved as the nearest VA facility was not feasibly available and an attempt to use them beforehand would have been unreasonable.