Other conditions decisions — 2009

The veteran's claim for a total disability rating for compensation purposes based on individual unemployability (TDIU) was remanded to the RO for additional development, including adjudication of an inextricably intertwined service connection issue.

The Board granted service connection for the cause of the veteran's death due to squamous cell carcinoma of the tongue, which was found to be related to presumed in-service exposure to Agent Orange.

The Board determined that the evidence did not support a finding of service connection for a disability manifested by tender lymph nodes, as medical records showed no diagnosis of such a condition during or after service.

The appeal for special monthly compensation based on the need for regular aid and attendance of another person, with an effective date of October 1, 1988, is dismissed as it has been rendered moot by a favorable decision regarding clear and unmistakable error.

The Board remands the claim for a medical opinion to clarify whether the veteran's pre-existing respiratory disorder was aggravated beyond its natural progression during his second period of active duty.

The Board denied increased ratings for the residuals of a cerebrovascular accident (to include weakness of the left lower extremity) and the residuals of a mid-brain infarction (to include occasional loss of balance).

The veteran is not competent to manage his own funds without limitation and therefore cannot receive direct payment of VA benefits.

The case is remanded for the RO to issue an SOC on the CUE claim, and if perfected, the Board will review the earlier effective date claim.

The veteran's claim for a rating in excess of 50 percent for 2nd and 3rd degree burns of the face and ears was denied as the evidence did not support a higher evaluation under either the pre-amended or amended criteria.

The veteran is granted service connection for an undiagnosed illness manifested by chronic pain in the hips, thighs, knees, lower legs or calves, and ankles.

The veteran's claims for an increased rating and TDIU related to his service-connected urethral stricture are being remanded for further development.

The Committee granted a waiver for the overpayment of education benefits in the amount of $755.77, resolving the claim.

The Board granted service connection for atrial fibrillation with mild congestive heart failure, as the veteran is a former prisoner of war and meets the criteria under the presumption established by law.

The Board granted an earlier effective date of December 22, 1998, for the grant of a 20 percent rating for residuals of a back injury, disc protrusion and degenerative facet changes at L4-5 and L5-S1.

The appeal was dismissed due to the death of the appellant.

The Board denied service connection for left hip replacement as it is not related to the veteran's service-connected bilateral pes planus.

The Board found that the evidence did not show that the veteran's service-connected disabilities precluded him from obtaining and maintaining substantially gainful employment prior to March 2, 2004.

The veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code was denied because he received a commission as an officer in the Armed Forces upon graduation from a service academy and is therefore disqualified from MGIB eligibility.

The appeal is being remanded for proper VCAA notice and a medical examination to address the veteran's claimed left upper extremity disability.

The Board concluded that there is clear and convincing evidence that the veteran's prolonged QT heart syndrome preexisted service and was not aggravated by service.