Other conditions decisions — 2011

The Board has determined that a new VA examination is needed to determine the etiology of any hernia or mass near the Veteran's navel, and to assess whether her current condition is related to service. The AOJ will also obtain all outstanding VA treatment records from April 2009 through the present.

The Board has remanded the case for further development, including obtaining VA treatment records and clarifying whether service connection is warranted for dental disability.

The Board has granted service connection for bilateral ear disabilities (otitis media and otitis externa) and migraine headaches, but denied service connection for allergic conjunctivitis. The Veteran currently has a noncompensable disability rating for migraine headaches.

The Veteran's appeal is being remanded to obtain additional medical evidence and for further development of his claims, including a VA examination.

The Veteran's cause of death was due to lung cancer, which did not manifest during service or within one year post-service. The Board found no evidence linking the Veteran's death to his military service.

The case is being remanded due to the claimant's failure to appear at her scheduled hearing. Additional information and evidence are needed to adjudicate the claim, including notification of the type of evidence necessary for the claim.

The Veteran's claim for service connection for metastatic non-small cell adenocarcinoma of the lung is being remanded due to insufficient evidence regarding his in-service asbestos exposure and a need for further medical examination.

The case is being remanded to the RO for scheduling a Travel Board hearing in lieu of the videoconference hearing. The appellant and her representative will be notified of the time and place to report for the hearing.

The Veteran's claim for Total Disability Rating Based on Individual Unemployability (TDIU) was granted in a final May 2004 rating decision. The appellant is not entitled to the full amount of accrued benefits as she does not fall into one of the categories listed for payment of such benefits.

The Board has reopened the claim for service connection for hypoglycemia and granted it. The Veteran's respiratory disorder, including residuals of pneumonia, pleurisy, and blood clot, is still under consideration.

The Board found that the Veteran's election for Post-9/11 GI Bill benefits is irrevocable and cannot be rescinded.

The appeal seeking restoration of the Veteran's entitlement to education benefits under the MGIB program (Chapter 30) was dismissed as moot due to the restoration decision by the RO.

The Board denied the appellant's claim for DIC, death pension, and accrued benefits as a surviving spouse of the Veteran due to her not meeting the legal requirements for such status.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining his service personnel records and medical records. The Veteran will be scheduled for examinations to determine the nature and etiology of any right hip disorder found to be present, as well as the extent of impairment attributable to his service-connected disorder of the right ring finger.

The Board has decided to remand the case for additional development due to inadequate examination reports and other issues.

The Board determined that the appellant's Other Than Honorable discharge from active military service bars him from receiving VA benefits.

The Board denied the Veteran's claim for an effective date earlier than August 31, 2003, for a 10% disability evaluation for service-connected left quadriceps strain. The earliest possible effective date was assigned based on when the disability may have first met the criteria for a 10% rating.

The Board has remanded the case for further evidentiary development due to a misplaced VA claims folder.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for adenocarcinoma of the prostate and post-operative residuals was denied as there is no evidence that his additional disability resulted from VA hospital care, medical or surgical treatment, or examination.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination and obtaining additional medical records.