Other conditions decisions — 2011

The Veteran is seeking an earlier effective date for a 30 percent evaluation for his service-connected paroxysmal atrial fibrillation and flutter with first degree heart block, which was initially granted in July 1990. The RO has increased the evaluation to 30 percent as of April 30, 2007. The Veteran argues that the effective date should be based on his retirement from active duty.

The appeal has been dismissed due to the death of the appellant.

The Board has remanded the case due to a request for postponement of the hearing before the Board at the RO.

The Board denied the appellant's claim for an earlier effective date for death pension benefits, finding that no legal basis existed to grant such a request as her initial claim was not filed within one year of the Veteran's death.

The Board has determined that the Veteran's skin disability is related to his service in Vietnam, specifically exposure to herbicides. The claim for service connection is granted.

The Veteran's increased rating for narcolepsy from 10 percent to 80 percent has been granted, effective October 17, 2006. However, the issues of service connection for left knee and shoulder disabilities remain unresolved.

The Board finds that the Veteran's skin cancer is likely due to exposure to ionizing radiation during his service in Japan, and grants service connection for the residuals of basal cell and basosquamous carcinomas of the right ear and basal cell carcinoma of the tip of the nose.

The Veteran's claim for a higher rating for his service-connected stress fracture of the left upper femur with pain in the hip is being remanded due to the need for additional development, including scheduling an orthopedic/neurological examination.

The Veteran's claim for service connection for ingrown toenails is being remanded due to the need for a VA examination and further development of his claims.

The Board has expanded the claim to include service connection for a left varicocele, and is remanding both the service connection issue and the SMC claim due to incomplete development.

The Board has determined that the Veteran's current joint disability is not related to his active service and therefore denied his claim for service connection.

The Veteran's claim for an earlier effective date for hidradenitis suppurativa was denied as the earliest date of claim (April 24, 2006) is considered the appropriate effective date.

The Board found that the Veteran's labral tear of the right hip is not etiologically related to service or a service-connected disability, and thus denied his claim for service connection.

The Veteran died without receiving VA compensation or pension benefits. The claim for nonservice-connected burial allowance was denied as the appellant did not meet the requirements under 38 C.F.R. § 1600(b) and (c).

The Veteran's claim for increased SMC based on the need for higher level of care is remanded due to incomplete records and lack of guidance from a healthcare professional. The appellant needs to provide additional information or obtain certifications regarding the nature and frequency of care provided.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Veteran's service-connected left knee disability has been manifested by complaints of pain with flexion limited to 115 degrees, normal extension. The Veteran does not meet the criteria for a higher initial rating or TDIU.

The Board denied the appellant's claim for nonservice-connected burial benefits as there were no circumstances involving release from active service due to disability incurred or aggravated therein, with insufficient resources in the Veteran's estate. The appeal is granted for a plot or interment allowance.

The Board of Veterans' Appeals has ordered the case to be remanded for further development and readjudication due to unclear information regarding the Veteran's status as a fugitive felon.

The Veteran's income for the year 2007 exceeded the threshold required for cost-free VA medical care, thus he is not eligible for treatment in VA's healthcare system without a copayment requirement from February 8, 2008 to February 6, 2009.