Other conditions decisions — 2010

The Board has denied the Veteran's DIC claim under 38 U.S.C.A. § 1318, finding that he did not meet any of the criteria for entitlement to benefits at the time of his death.

The Board has granted the Veteran's claim for a TDIU from February 1, 2008 to December 22, 2008. The reduction in disability rating from 100 percent to 0 percent for metastatic cancer of the spine at C5, T1 and T12 was found to be proper. The claim for an earlier effective date for non-small cell lung carcinoma, post right upper lobectomy, is denied as there is no legal entitlement.

The Board dismissed the appeal due to the appellant's withdrawal of his appeal.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that his left parietal glioblastoma multiforme did not result from a service-connected disability or herbicide exposure in service.

The Veteran's residuals of a fracture, radius, left distal end are currently rated at 20 percent and the claim for an increased evaluation is denied.

The Veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code, for a journeyman certification training program with Norfolk Southern Corporation is denied as there are no retroactive payments allowed based on the regulatory criteria.

The Board has reopened the Veteran's claims for service connection for peripheral vascular disease of both legs, but further development is needed to determine if he currently has this condition and whether it is related to his service-connected diabetes mellitus type II.

The Board denied the Veteran's claims for service connection due to CUE in previous decisions, finding that new evidence was not submitted and there was no established service-connected dental disability or current nerve disorder.

The Veteran's appeal is being remanded due to her request for a Travel Board hearing. The case will be returned to the Board after the hearing.

The Board has determined that the Veteran's status as a fugitive felon did not justify discontinuing his compensation payments and creating an overpayment, given that he was unaware of the warrant until notified by VA in November 2007 and had no intention to flee prosecution.

The Board denied the Veteran's claim for an increased rating for a herniated disc at L4-L5, currently evaluated as 20 percent disabling.

The Board found that the service-connected residuals of a laceration of the left eyebrow do not meet the criteria for an increased rating under any applicable diagnostic code.

The Veteran's appeal for a total disability rating based on unemployability has been dismissed due to the death of the appellant.

The Board denied the appellant's request to reopen her claim for VA benefits due to lack of new and material evidence, as the service department certified that her husband had no recognized service with the United States Armed Forces.

The Board has determined that the appellant's bilateral defective hearing and testicular carcinoma were not incurred or aggravated by service, and thus denied these claims. The appellant was also denied entitlement to special monthly compensation based on loss of a creative organ and an initial rating higher than 10 percent for PTSD.

The Board found that the Veteran's urinary problems, including urgency incontinence, are not proximately due to or aggravated by her service-connected degenerative disc disease of the lumbosacral spine.

The Veteran's service-connected right hand injury, including the third, fourth, and fifth fingers, is currently rated at 30 percent. The Board found no evidence of ankylosis or other conditions that would warrant a higher rating.

The Board has remanded the case due to scheduling issues for a Travel Board hearing. The appellant's claim is still pending and requires further development.

The Veteran seeks service connection for a cervix disorder, including residuals of cryosurgery. The Board has ordered further development to obtain medical records and an examination to determine the relationship between any current cervix disorder and her in-service symptoms or procedure.

The Board found that the Veteran's death was not incurred in the line of duty due to his own misconduct, specifically alcohol abuse. Therefore, DIC benefits are denied.