Other conditions decisions — 2011

The Veteran seeks service connection for chronic myelogenous leukemia, claiming it is due to radiation exposure during military service. The case has been remanded for further development including obtaining additional medical records and a revised dose estimate of ionizing radiation exposure.

The Veteran's atherosclerosis is presumed to be the result of his exposure to herbicides during active service, and he is granted service connection for this condition. Service connection for anemia was not addressed in this decision.

The Veteran was in receipt of nonservice-connected disability pension benefits. The appellant's submission for accrued benefits was denied as it was based on evidence not in VA's possession at the time of the Veteran's death.

The Veteran is granted service connection for Raynaud's disease and endometriosis with a resulting hysterectomy, as both conditions are found to be related to her active duty service.

The Board denied an earlier effective date for the grant of service connection for tendonitis of the wrists, finding that the earliest possible effective date is September 25, 2007.

The Veteran's vision loss is due to cataracts, which were diagnosed many years after service and there is no medical evidence linking it to his military service.,There is no current diagnosis of a pilonidal cyst of the tailbone and buttocks. The Veteran reported having had a cyst on his head for 20 years.

The Board denied the Veteran's claim for a waiver of collection of an overpayment in the amount of $1,830.00 due to fault on both the part of the Veteran and VA, unjust enrichment to the Veteran, and lack of undue hardship.

The Board has determined that further development is needed to resolve the appellant's claim for accrued benefits, including special monthly pension and expenses of last sickness and burial. This includes obtaining SSA records and reviewing the Veteran's Vocational Rehabilitation folder.

The Veteran did not serve during a period of war, and the appellant and the Veteran were married less than one year prior to the Veteran's death. The appellant is therefore not eligible for VA DIC or death pension benefits.

The Board has reopened the Veteran's claim of service connection for a left arm disorder and finds that new and material evidence has been submitted. The Board also finds that the preexisting condition was aggravated by service, warranting service connection.

The Veteran's obesity is being remanded for a VA examination to determine if it had its onset during service or is related to any in-service disease or injury. His concussion, head pain, and dizziness are also being examined to determine their relation to service.

The Veteran's left elbow disability is rated at 10% based on degenerative joint disease. The Board finds that the current rating adequately reflects his symptoms and does not warrant a higher rating.

The Board has determined that further development is needed for the issues of service connection for a right elbow condition and a left clavicle condition. The Veteran's claims are being remanded to the RO for additional review.

The Board has remanded the case for a new VA examination to determine if the Veteran's hypertension is secondary to his service-connected conditions, including diabetes mellitus, posttraumatic stress disorder, and arteriosclerotic heart disease. The examiner should consider an article linking PTSD to hypertension.

The Veteran's service connection claim for arthritis of both hands is granted as the disability manifested during his military service.

The Board found that the amputation of the Veteran's left leg was not caused by fault on the part of VA, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has remanded the case for additional development, including obtaining service personnel records and a VA examination. The Veteran's claim will be reviewed again after these actions are completed.

The Board found that there is no evidence of a chronic skin rash in service or any current condition related to service, including exposure to ionizing radiation. Therefore, the Veteran's claim for service connection for a skin rash was denied.

The Board found no evidence of a relationship between the Veteran's current respiratory disorder and his active duty military service, thus denying his claim for service connection.

The Veteran's bilateral patellofemoral DJD has been rated at 10 percent for the entire initial rating period.