Other conditions decisions — 2008

The veteran's claim for educational assistance benefits under Chapter 1606, Title 10, United States Code is denied as he is no longer in the Selected Reserve and thus not eligible for these benefits.

The Board found that the veteran's bilateral chondromalacia patella did not warrant an evaluation in excess of 10 percent prior to August 14, 2006.

The Board has determined that the veteran's tonsillar cancer is at least as likely as not related to his in-service exposure to Agent Orange, and thus grants service connection for this condition.

The Board denied the veteran's claim for service connection for the cause of his death, finding that there was no evidence linking his glioblastoma to military service or a service-connected disability.

The Board has determined that the veteran's postoperative residuals from a right clavicle fracture do not warrant a higher disability rating than 40 percent.

The veteran is seeking an increased rating for his service-connected residuals of a right hallux dislocation. The Board has ordered additional development, including a VA examination to assess the current severity of the condition and determine whether arthritis related to the service-connected right hallux dislocation amounts to x-ray evidence of involvement of 2 or more major joints or minor joint groups with occasional incapacitating exacerbations.

The Board found that the veteran's right hand fracture did not meet the criteria for an initial compensable rating since February 26, 2007, the effective date of service connection. The evidence showed limited motion at the proximal interphalangeal joint of the fifth digit but no other disabling symptoms such as pain, weakness, or loss of function.

The Board denied an initial rating in excess of 20 percent for L5 spondylolysis from October 3, 2000.

The Board found that the veteran's preexisting Osgood-Schlatter disease did not undergo an increase in severity during service and denied his claim for service connection.

The veteran's claim for a higher rating for the residuals of shell fragment wounds to the right forearm was denied. The issue regarding a compensable rating for the left forearm and right lower leg wounds were also denied.,PTSD benefits, including an increased rating from 10% to 70%, effective April 6, 2003, were granted. However, there is no effective date earlier than April 6, 2003, for TDIU.

The Board denied the veteran's claims for secondary service connection for cardiovascular disease and cerebral vascular accident, finding that there is no competent medical evidence of residuals of stroke or a lacunar infarct. The Board also found that the greater weight of the competent medical evidence of record is against finding that the veteran has cardiovascular disease which is related to service-connected psychiatric disorder.

The Board denied service connection for cardiovascular disease, including hypertension, as secondary to PTSD. The veteran's PTSD was found to be the only service-connected disability and rated at 70 percent.

The Board finds that the veteran does not have additional disability due to treatment at a VA facility in October 1996, and thus is not entitled to compensation benefits under 38 U.S.C.A. § 1151.

The veteran's foot calluses have been assigned the maximum schedular rating of 10 percent. The evidence does not show that his condition has required hospitalization or caused marked interference with employment.

The Board has remanded the case for further development and readjudication due to issues regarding service connection for PTSD. The veteran served in Vietnam but did not engage in combat with the enemy, so his stressors need to be verified.

The Board has ordered a VA examination to determine if the veteran's bronchiectasis was aggravated by service, and to assess whether there is current disability related to this condition.

The veteran's claims for compensation benefits under the provisions of 38 U.S.C.A. § 1151 for disabilities manifested by back pain, a circulatory disorder, and anemia are all denied except for the claim for compensation benefits for anemia, which is granted.

The veteran's service-connected disabilities rated at 40 percent combined do not meet the criteria for vocational rehabilitation benefits under Chapter 31 of Title 38, United States Code.

The Board denied the veteran's claims for service connection for refractive error and entitlement to special monthly compensation based on loss of use of a creative organ.

The Board found no evidence of an ulcerated esophagus in service or within the presumptive period after discharge. The veteran's current ulcers are not presumed to have been incurred during service, and there is insufficient medical evidence linking his current condition to service.