Other conditions decisions — 2009

The Board has remanded the case to the RO for a DRO hearing and to issue a supplemental statement of the case if necessary.

The Board found that the evidence did not support a finding of defective hearing or tinnitus as being incurred in service, and thus denied both claims.

The Board has determined that the Veteran's left fifth metatarsal fracture does not meet or approximate the criteria for a compensable rating under VA's schedular guidelines.

The Veteran's appeal is being remanded to the RO for a Travel Board hearing at the Louisville RO. The issues include service connection claims and rating disputes.

The Board found no evidence that the Veteran was exposed to herbicides during service, and thus could not grant service connection for any of his claimed conditions on a presumptive basis. The Board also determined that there is insufficient evidence to establish service connection for any of these conditions based on direct or secondary service connection.

The Board denied the veteran's claim for basic eligibility for VA non-service-connected pension benefits due to a lack of qualifying service, despite his status as a U.S. citizen and receipt of compensation under another program.

The Board has determined that the appellant's schizoaffective disorder is related to his military service, and thus grants the claim for service connection.

The Veteran's claim for an initial compensable rating prior to February 12, 2008, and a higher evaluation thereafter for residuals of a fracture to the left index finger was granted. The current effective date is pending as the RO has not provided one.

The Board has determined that the Veteran's service-connected diabetes mellitus aggravates his hypertension and congestive heart failure, warranting service connection for these conditions.

The Veteran's claim for service connection for soft tissue carcinoma and non-Hodgkin's lymphoma has been remanded due to missing records and inadequate notice.

The Veteran's claim for an earlier effective date for a 100% rating for his epigastric hernia disability is denied as there is no evidence of an increase in the disability prior to January 7, 1999.

The Board found that the Veteran's postoperative residuals of right femoral head avascular necrosis did not warrant a rating in excess of 30% based on current symptoms and medical evidence.

The Veteran's claim for an earlier effective date for service connection of a right elbow disability was denied as the earliest date on which service connection can be granted is May 21, 2002.

The Board has determined that the appellant is not the Veteran's surviving spouse for DIC benefits purposes, as she was legally divorced from the Veteran in May 1984 and did not live with him continuously after their divorce. Therefore, her claim to DIC benefits is denied.

The Veteran's appeal is being remanded due to her desire for a hearing before the Board of Veterans' Appeals.