Other conditions decisions — 2011

The Veteran's multiple myeloma is service connected due to exposure to herbicides in Vietnam, and the claim is granted.

The Veteran withdrew his appeal regarding the claim for vocational rehabilitation training.

The Board has determined that a VA medical opinion is needed to determine if the Veteran's alcoholism contributed to or caused his hepatocellular carcinoma (liver cancer) and whether it can be considered a manifestation of or secondary to his service-connected PTSD.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and an Agent Orange Registry examination. The case will be readjudicated after the development.

The Board has determined that the character of the appellant's military discharge does not constitute a bar to VA benefits, and this decision is being remanded for further development.

The Veteran's service-connected post-operative Morton's neuroma of the right foot with myofascitis is rated at a 20 percent disability, effective from the date of his claim.

The Board has granted the Veteran's claim for nonservice-connected disability pension benefits with an effective date of November 21, 2006. The original award was incorrectly assigned on December 1, 2006.

The Board has granted service connection for chronic acquired right eye toxoplasmosis residuals including chorioretinitis and chronic acquired left eye toxoplasmosis residuals including chorioretinitis, finding that these conditions were incurred during active service.

The Veteran's reactive airway disease existed prior to service and was aggravated by active service. His right ankle disorder is rated at 20% and his GERD remains at 10%. The claims for increased ratings are granted.

The Veteran's TDIU and DEA were granted effective November 6, 1997. The earliest possible effective date for these grants is when he filed his claims for service connection.

The Veteran's claim for service connection for a nervous condition was denied in 1968. The Board finds no clear and unmistakable error (CUE) in this decision. For the period prior to January 7, 2009, the Veteran received an initial disability evaluation of 50% for PTSD. Beginning on January 7, 2009, a higher 70% rating was granted.

The Veteran's urinary retention and incontinence are considered additional disabilities caused by VA hospitalization or medical treatment, specifically the brachytherapy procedure for prostate cancer. The Board has determined that these conditions meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's cause of death was due to advanced ALS. The appellant submitted a claim for service connection for the cause of the Veteran's death on May 18, 2004, and VA granted this claim effective September 23, 2008 based on presumptive service connection under new regulations. The appellant is not entitled to an earlier effective date.

The Veteran's claim for benefits under the Post-9/11 GI Bill was denied as he entered his period of service with the loan repayment program (LRP) in his enlistment contract, which cannot be counted towards entitlement to educational assistance under 38 U.S.C.A. Chapter 33.

The Veteran's appeal regarding the propriety of an award of Chapter 33 Post-9/11 GI Bill education benefits for a period of 1 month and 4 days is being remanded to the RO for further action.

The Board determined that the appellant did not have recognized active military service for the purpose of obtaining the one-time payment from the Filipino Veterans Equity Compensation Fund and therefore denied his claim.

The Board has determined that there is no competent medical evidence of a current diagnosis of ADHD, and thus service connection for this condition cannot be granted.

The Veteran's digestive disorder is not service-connected, and his kidney disability does not warrant a higher rating. The Board denied the claims for increased ratings and TDIU.

The Veteran claims entitlement to service connection for bilateral anterior subcapsular cataracts, which he contends developed due to exposure to ionizing radiation in service. The case is being remanded for a VA examination and etiology opinion.

The Board has remanded the case for further development and readjudication, including recertification of the appellant's service and consideration of his potential entitlement based on subsequent periods of recognized guerrilla service.