Other conditions decisions — 2010

The appellant's income exceeds the maximum annual pension rate for death pension benefits, thus she is not entitled to receive nonservice-connected death pension benefits.

The Board has remanded the case for additional development and adjudicative action due to a violation of VCAA requirements. The claim will be returned to the Board after further review.

The Board has determined that the Veteran's Crohn's disease began in service and is related to his active military service, granting service connection.

The Board has granted service connection for the cause of the service member's death due to recurrent high grade lymphoma, which is presumed to be related to exposure to herbicides during service. The claim for DIC benefits under 38 U.S.C.A. § 1318 is dismissed as the service member was not in receipt of VA compensation at the time of his death.

The Veteran's claims for service connection for stomach and sinus disorders were denied because there is no competent medical evidence linking these conditions to his military service, including a claimed bacterial infection during service. The lapse of many years between the end of his service and the first documented complaints of these conditions further supports this conclusion.

The Board has decided in favor of the Veteran, granting service connection for a right inguinal hernia. The evidence indicates that the current residuals of this condition may be related to an injury sustained during active duty.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection for a gastrointestinal disability, specifically peptic ulcer disease. This includes obtaining updated treatment records, verifying specific dates of service and any prior active or inactive duty training, and scheduling a VA examination.

The Veteran's claim for educational assistance benefits under the Montgomery GI Bill is denied as he did not meet the service requirements.

The Veteran's claim for an increased rating for chronic pain disorder was denied. The disability is rated 50 percent disabling.

The Veteran's service-connected hallux valgus of the right and left feet is rated at 10 percent, which is the maximum rating available under Diagnostic Code 5280. The Board found that a higher rating was not warranted based on functional loss due to pain or other factors.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board dismissed the appeal pertaining to validity of debt in the amount of $856 as a waiver of this debt has already been granted. The overpayment of VA compensation benefits, in the approximate amount of $32,000, was properly created due to administrative error.

The appeal has been withdrawn by the appellant, and thus is dismissed.

The VA denied an increased evaluation for the Veteran's service-connected squamous cell carcinoma of the larynx, currently rated at 10 percent.

The Veteran's claims for service connection for the residuals of a right cheek injury and dental disability are denied as there is no competent evidence showing current disabilities or their relationship to service.

The Veteran's service-connected residuals of a fractured mandible are currently rated as 10 percent disabling, and his claim for an increased rating is granted. His headache disability was not found to be related to his service-connected mandible fracture residuals or his military service.

The Veteran's claim for an extension of his basic 10-year period of eligibility for receiving educational assistance benefits under Chapter 30 was denied as the requisite elements for eligibility have not been satisfied.

The Board denied the Veteran's claims for service connection for a respiratory disability, increased initial ratings for lumbar spine and GERD disabilities. The Veteran's respiratory disability was found to have existed prior to service and not aggravated by active duty. For the period from February 27, 2006, to August 19, 2009, the Veteran's lumbar spine disability did not meet criteria for an increased rating beyond 0 percent. Since August 19, 2009, his GERD has been rated at 10 percent disabling.

The Veteran's service-connected right ring finger disability is currently rated as noncompensable (0 percent) due to unfavorable ankylosis. The Board finds that he is not entitled to a higher evaluation under the applicable diagnostic codes.

The Veteran's service-connected postoperative residuals of an oral fistula to the maxillary sinus secondary to tooth extraction are not manifested by any compensable conditions and thus, a compensable disability rating is denied.