Other conditions decisions — 2011

The Veteran's spouse applied for an extension of the delimiting date beyond January 20, 2009 for Dependents' Educational Assistance (DEA) benefits under Chapter 35. The claim was denied as she did not meet the criteria for an extension due to her own circumstances and there were no exceptions provided in the law.

The Veteran's adenocarcinoma of the esophagus was not shown to be related to his active service, including exposure to herbicides. The Board found no evidence supporting a connection between the Veteran's current condition and his military service.

The Veteran's cause of death, critical coronary atherosclerosis, was not caused by or substantially contributed to by his military service. The VA cardiologist review found no evidence linking the condition to service.

The Veteran's initial claim for higher ratings for his bilateral knee disabilities was granted, with an increased rating of 20 percent for patellar chondromalacia of the left knee effective from March 18, 2009. The right knee remains rated at 10 percent.

The Veteran's patellofemoral syndrome of the right knee is currently rated at 10 percent, and no higher. The evidence does not support a finding that her disability warrants an increased rating.

The Veteran does not have a current stomach ulcer or gastritis.,The Veteran's GERD and hiatal hernia did not have onset during active service and are not otherwise etiologically related to his active service.

The Board finds that the Veteran's TMJ is a result of trauma incurred during wisdom teeth extraction in service, and grants service connection for this condition.

The Board has determined that the Veteran's skin condition, including actinic keratoses and possible basal cell carcinoma, did not have its onset during active service or result from disease or injury in service, to include herbicide exposure. Therefore, the claim for service connection is denied.

The Board has determined that the Veteran's residuals of cardiopulmonary arrest, including right arm hemiparesis, left leg hemiparesis, and occipital blindness are proximately due to his service-connected hypertension. As a result, the claim for service connection is granted.

The Veteran's claim for compensation benefits pursuant to 38 U.S.C.A. § 1151 is denied as the evidence does not establish that VA carelessness, negligence, lack of proper skill or other instance of fault caused his additional right foot disability.

The Board has determined that the Veteran's current right and left hip disorders are not related to his military service, including any in-service injections. The evidence does not support a finding of direct service connection.

The Board has denied the appellant's claims for increased ratings for bronchiectasis and a left lobectomy, as there is no evidence of incapacitating episodes or findings consistent with higher ratings. The cause of death claim remains pending due to insufficient medical opinion regarding the Veteran's lungs' contribution to his death.

The Veteran's right wrist disability, characterized by a complete tear of the lunar triquetral ligament and a surgically removed dorsal ganglion cyst, has been granted service connection with an initial evaluation of 10 percent effective March 6, 2006.

The Veteran's appeal is being remanded for a hearing before a Veterans Law Judge at his local RO. The issues of service connection and 1151 compensation are still pending.

The Board has ordered a remand to determine if the Veteran had additional periods of service and/or service in Vietnam, as he died from causes related to Agent Orange exposure. The appeal is currently on hold until further action can be taken.

The veteran's appeal has been withdrawn by his court-appointed guardian, and thus the case is dismissed.

The Board has denied the appellant's claims for service connection for the cause of the Veteran's death, entitlement to DIC under the provisions of 38 U.S.C.A. § 1318, and accrued benefits due to lack of legal merit or entitlement.

The appellant's husband had qualifying service but died before the law allowing this benefit was established, so she does not meet eligibility requirements for payment from the fund.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for loss of vision in his left eye due to equipment malfunction during cataract surgery at a VA facility in October and December 2000. The Board has determined that additional development is needed, including obtaining medical opinions regarding the cause of the capsular tear.

The Board of Veterans' Appeals has remanded the case for further development, including obtaining consent forms and treatment records related to a June 2003 thalamotomy procedure. The Veteran's claim will be readjudicated after all necessary actions are taken.