Other conditions decisions — 2011

The VA denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits as the American Musical and Dramatic Academy was not listed as a VA-approved institution of education under Chapter 35.

The Board has granted service connection for the Veteran's injuries to tooth numbers 8 and 9, finding that these conditions were incurred in service. Service connection was not established for any other teeth.

The Veteran's service-connected squamous cell carcinoma of the right tonsil and left lateral tongue, along with related disabilities, warrants an effective date of June 10, 2009 for a disability rating of 40 percent.

The Board has determined that arthritis of the hands did not have its onset during active service or result from disease or injury in service. The Veteran's current disability is diagnosed as degenerative joint disease, which was not shown within one year following his separation from service.

The Board denied service connection for herpes, type II diabetes mellitus, and erectile dysfunction. The claim for herpes was reopened based on new evidence of a current diagnosis.,Service connection could not be established as there is no medical evidence linking the Veteran's current herpes condition to his in-service treatment or any other service-connected disability.

The Veteran's appeal is being remanded for additional development, including obtaining discharge instructions from his December 2008 kidney removal surgery and scheduling him for a VA examination to assess the nature and etiology of his right kidney disability.

The Veteran's claim for service connection and VA outpatient dental treatment for filling, root canal, and crown, tooth number 18 was denied as a matter of law due to the failure to meet the statutory time limit for filing the claim.

The Board has granted service connection for cause of the Veteran's death due to exposure to Agent Orange during military service. The new evidence submitted by the appellant, including a June 2010 private opinion, supports the claim that the duodenal cancer was related to the Veteran's military service.

The Board has determined that the Veteran's gastric ulcer does not meet the criteria for a compensable rating as there is no competent and credible evidence of recurrent symptoms once or twice a year.

The appeal has been dismissed as the appellant withdrew their appeal through their authorized representative.

The Board has determined that the Veteran's arthritis of both hands was not incurred in or aggravated by active service and denied his claim. The Board also found no evidence to support a finding that the Veteran's malaria is related to service.

The Veteran's appeal for nonservice-connected pension benefits has been dismissed due to the death of the appellant.

The VA rehabilitation care is not shown to have caused the osteomyelitis and staph infection or any other additional disability. The most likely cause of the Veteran's osteomyelitis and staph infection with additional disability was the initial ankle injury and/or the subsequent private surgeries.

The Veteran's appeal is being remanded due to the need for additional medical records and consideration of a separate disability rating for hyperesthesia of the right lower extremity from cutaneous nerve injury.

The Board has dismissed the appeal due to the death of the appellant, as the claimant is no longer alive.

The Veteran's claim for service connection for adenocarcinoma of the colon, claimed as secondary to exposure to ionizing radiation, is being remanded due to incomplete records and further development is needed.

The Veteran's right foot status post bunionectomy manifests in pain and objective swelling, findings commensurate with moderately severe foot injury. The Board finds that the disability picture more nearly approximates the criteria for a 20 percent initial disability rating.

The Board has ordered remand for further development, including obtaining a medical opinion and obtaining relevant VA and private treatment records.

The Board has reopened the Veteran's claim of service connection for a fungal infection, bilateral feet and finds that new and material evidence has been submitted. The Veteran is therefore entitled to an evidentiary hearing on this issue.

The Board denied service connection for an eye disability and a head injury, finding no evidence of current disabilities linked to service.