Other conditions decisions — 2011

The Board has determined that the Veteran's left leg condition, which includes a status post hematoma and skin grafting, is secondary to his service-connected right ankle disability. The decision grants the Veteran's claim for service connection.

The Board denied an increased compensable evaluation for a service-connected pterygium of the left eye, finding that the Veteran's disability did not meet the criteria for a higher rating under the applicable schedular criteria.

The Board denied the Veteran's claims for higher ratings and TDIU, finding that the evidence did not support a rating in excess of 20 percent or entitlement to TDIU.

The Board found that the Veteran's service-connected right foot disability does not warrant a rating higher than 10 percent, as it did not meet the criteria for more severe or pronounced conditions such as flatfoot, claw foot, mal-union or nonunion of tarsal/metatarsal bones.

The Veteran's anteflexion of the left ear with closure of the ear canal is currently rated as 10 percent disabling. The Board finds that a 30 percent rating is warranted for this condition, effective January 31, 2005.

The Board has determined that new and material evidence has not been received to reopen the appellant's claim for DIC benefits, as her previous claims were denied due to insufficient marriage duration. The appeal is considered 'mixed' because some issues may be granted while others are not.

The Board denied service connection for a dental disability, finding no evidence of missing teeth during service and no link to Agent Orange exposure. The Veteran's current condition is not compensable under VA compensation criteria.

The Veteran's claims for increased rating, service connection for PTSD, and special monthly compensation based on need for aid and attendance or housebound status are being remanded to obtain additional VA treatment records and to schedule the Veteran for a VA examination.

The Veteran died in July 2007 due to esophageal cancer. At the time of his death, he was not receiving VA compensation or pension benefits and there was no claim for compensation or pension pending. The Veteran served during wartime but his body was not being held by a state or a political subdivision of a state due to lack of a next of kin and insufficient resources in his estate. Therefore, the criteria for non-service-connected burial benefits were not met.

The Board found that while the Veteran served in Vietnam and was exposed to Agent Orange, there is no evidence linking his cancer of the pharynx directly to service or exposure. The cause of death due to metastatic carcinoma of the pharynx was attributed to the disease itself rather than a service-connected condition.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of her lumbar spine disability and whether she is unemployable due to service-connected disabilities.

The Board has determined that the Veteran's Substantive Appeal regarding the effective date for a total rating based on individual unemployability (TDIU) was not timely filed, and thus denied.

The April 1983 rating decision denied service connection for bilateral chondromalacia patella, finding that the condition existed prior to service and was not aggravated by service.

The Veteran's service-connected dysthymic disorder and OCD were found to not meet the criteria for a higher evaluation, as her symptoms did not include suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, and mild memory loss. The current 10% rating is therefore maintained.

The Veteran's claim for service connection for multiple myeloma was first received on April 24, 2008. The disorder was diagnosed earlier that month and the effective date is denied as it does not meet the criteria for an earlier effective date.

The appellant does not meet the threshold eligibility requirements for the receipt of nonservice-connected pension benefits due to a lack of qualifying wartime service.

The Veteran's death was caused by cardiopulmonary arrest and dysrhythmia - ventricular fibrillation, with no clear indication of diabetes mellitus contributing to his condition.

The Board found that the appellant does not have spina bifida and therefore denied his claim for benefits under 38 U.S.C.A. § 1805 for a child born with spina bifida.

The Veteran's spouse is found eligible for CHAMPVA benefits from March 1, 1996, through June 5, 2001. The appeal regarding the period from June 6, 2001, to November 2009 will be remanded.

The appellant does not have spina bifida, which is the only birth defect that warrants an award of monetary benefits based on the herbicide exposure of a Vietnam veteran who is the father of the child at issue. Therefore, there is no legal entitlement to benefits for a child born with birth defects.