Other conditions decisions — 2011

The Board has determined that a specialist opinion is needed to decide the claim of service connection for adenocarcinoma of the prostate. The case is now REMANDED to the RO for further review and consideration.

The Board has remanded the case for a Travel Board hearing at the RO, and the Veteran's name is placed on the docket for such a hearing.

The Board has remanded the case due to issues related to the termination of VA improved pension benefits, creation and calculation of an overpayment, and waiver of recovery of the overpayment. The Veteran must provide a Financial Status Report (VA Form 20-5655) and respond to the issues raised in the appeal.

The Veteran's larynx cancer was not incurred or aggravated during his military service, and the Board found no evidence of exposure to Agent Orange. As such, the claim for service connection is denied.

The Veteran's left elbow disability has been rated at 10 percent since April 2, 2003. The Board found that the evidence is in equipoise as to whether the criteria for a 20 percent evaluation have been met and granted an increased rating to 20 percent effective from the date of the decision.

The Board has determined that the Veteran's glioblastoma, which caused his death, was incurred during his service.

The Veteran's service is not qualifying for VA pension benefits due to his entire period of active duty occurring during peacetime.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 and special monthly compensation due to right testicular infarction and loss of use of a creative organ resulting from hernia repair surgery performed at a VA facility in January 2008 is being remanded for additional development.

The appellant's father served in the Republic of Vietnam, but her mother did not. The appellant has hidradenitis suppurativa and does not have spina bifida, which is required for benefits under 38 U.S.C.A. § 1805.

The Board has determined that the effective date for adding the Veteran's spouse as a dependent should be March 1, 2001. This decision is based on the earliest of the date of claim (October 1997), the date dependency arose (January 1986), or the effective date of the qualifying disability rating.

The Veteran's claim for an evaluation in excess of 40 percent for residuals of a gastric resection is being remanded due to the need for additional medical records and examination.

The Veteran died from congestive heart failure with atrial fibrillation as a significant contributing factor. The VA does not meet the criteria for compensation under 38 U.S.C.A. § 1151 due to lack of evidence of negligence or fault on the part of VA providers.

The Board has remanded the case due to insufficient service verification and new evidence submitted by the appellant. The claim will be reviewed again after additional development.

The Board denied the Veteran's claim for service connection for a facial disorder, finding that there was no current diagnosis of an underlying disability and insufficient evidence linking his complaints to his period of active duty.

The Veteran's skin disability is rated at 30 percent, and the Board finds that a higher rating is not warranted.,There is no current diagnosis of a sleep disorder. The Veteran's service treatment records do not contain evidence of any findings related to his claimed sleep disorder.

The Board found no evidence that the Veteran's hiatal hernia was incurred in service and denied his claim for service connection.

The Veteran's abdominal aortic aneurysm is being reconsidered due to the grant of service connection for COPD. The Board has ordered additional development, including a VA examination, to determine if the abdominal aortic aneurysm is secondary to his now-service-connected COPD.

The Veteran's service-connected status post septorhinoplasty for residuals of nasal fracture does not meet the criteria for a compensable evaluation.

The Veteran is seeking service connection for varicose veins and poor circulation in his lower legs and feet, which he claims are related to his service-connected diabetes mellitus. The Board has ordered a remand to obtain an addendum from the VA examiner who conducted the June 2010 examination.

The Veteran's right shoulder disability, characterized by a right rotator cuff tear and subsequent surgeries including glenoid interpositional arthroplasty with meniscal allograft, is not productive of limitation of the arm to 25 degrees from the side. As such, his claim for an increased evaluation beyond 30 percent has been denied.