Other conditions decisions — 2010

The Board denied the appellant's claim for service connection for the cause of the Veteran's death in May 1968, finding that there was no evidence showing a disease or injury during service contributed to his death. The appellant has submitted new and material evidence since then, but it does not relate to the pertinent unestablished facts necessary to substantiate the claim. As such, the claim for service connection for the cause of the Veteran's death remains denied.

The Board has determined that the Veteran's current low back disability, diagnosed as spinal stenosis and spondylolisthesis, is related to his service as an infantryman in Vietnam. As such, the claim for service connection for a low back disability is granted.

The Veteran seeks reimbursement for unauthorized medical services provided by St. Elizabeth's Medical Center and Transcare Kentucky on January 4, 2007. The case is being remanded to obtain additional records and ensure proper consideration of the claim.

The Board has remanded the case for additional development, including obtaining an autopsy report from Saddleback Memorial Medical Center.

The Veteran's right hip ramus stress fracture is currently rated at 20 percent, and the Board found that this rating was appropriate based on her current range of motion. The Veteran does not meet criteria for a higher rating as there are no additional functional limitations due to pain or other factors.

The Board denied the Veteran's claims for service connection for neck pain, upper back pain with scapulocostal syndrome, and pain and limitation of motion of both feet. The decision found that there was no evidence to support a nexus between these conditions and active service.

The appellant's income exceeds the maximum annual income limitations for death pension benefits, thus she is not eligible for non-service-connected death pension.

The Board found that the Veteran's current skin condition, including multiple lipomas, is not related to service or a service-connected disability. The preponderance of evidence does not support a finding that his skin condition was incurred in service or due to exposure to Agent Orange.

The Board found that there is not clear and unmistakable evidence that the Veteran's AVM preexisted service, but also concluded that there was no evidence of an in-service injury or aggravation leading to the current condition. Therefore, the claim for service connection for AVM of the spinal cord was denied.

The Board has granted service connection for the Veteran's left cubital tunnel syndrome with previous release, finding that it had an onset during her period of active military service and is related to her service-connected left ulnar nerve compression with nerve release surgery.

The VA examiner diagnosed the Veteran with a left heel spur, but did not find evidence of a current left ankle disorder. The Board denied service connection for the left ankle disorder as there is no medical evidence showing that the current condition is related to military service.

The Board found no evidence of a chronic low back disability incurred during service and denied the Veteran's claim for service connection.

The Board has denied the Veteran's claims for service connection for basal cell carcinoma and actinic keratosis, finding that there is no medical evidence linking these conditions to his military service.

The Board has decided to remand the case for additional development, including obtaining service treatment records and private dental records.

The Veteran's claim for service connection for memory loss, claimed as secondary to malaria, is being remanded due to conflicting medical evidence and the need for a VA examination.

The Board denied the appellant's claim for an increased rating for left peroneal nerve palsy, evaluated as 40 percent disabling, for purposes of accrued benefits. The issue of service connection for the cause of the Veteran's death is addressed in the REMAND portion and is REMANDED to the RO.

The Board has determined that the Veteran's residuals of right foot surgery, including hallux rigidus, surgical corrections for hammertoes and bunions, peripheral arterial disease, pain, and degenerative joint disease, are service connected.

The Veteran's appeal for waiver of recovery of overpayment is granted. The decision addresses the periods of December 1996 to March 1997 and January 2005 to March 2005.

The Veteran's death pension claim was denied as the appellant's income exceeded the maximum allowable for receiving any pension benefits.

The Veteran's claim for service connection for stress fracture, left lower leg with iliotibial band syndrome is being remanded due to the need for further development and an opinion regarding whether her current disability is related to service.