Other conditions decisions — 2011

The Veteran's claims for increased ratings for right arm SFW residuals were denied. The RO granted a separate 10 percent rating for MG V and a 20 percent rating for MG VI, effective April 6, 2010.

The Board has determined that the Veteran does not have any residuals from a nose injury in service and his current sinus problems/congestion were not manifested during or after active duty service.

The Board has dismissed the appeal due to the appellant's death, as they do not have jurisdiction to adjudicate the merits of the claims.

The Board finds that the Veteran's service-connected non-Hodgkin's lymphoma caused or contributed to his death from lymphatic gland cancer, granting service connection for the cause of death.

The Veteran's right thumb disability, which includes postoperative fracture with carpometacarpal fusion and degenerative joint disease, is currently rated at 30 percent for the entire period of appeal. The Board found that reasonable doubt should be resolved in favor of the Veteran, resulting in a higher rating.

The Board denied the appellant's claim for non-service-connected death pension benefits due to her income exceeding the maximum annual pension rate for a surviving spouse with no dependents.

The Board has remanded the case due to insufficient evidence regarding R.J.'s permanent incapacity for self-support prior to age 18, and a VA medical examination or field examination is needed.

The Board has determined that the appellant's claim for an earlier effective date for the grant of permanent incapacity for self-support as a helpless child for S.L.H. cannot be granted, as no formal or informal claim was received within one year of her 18th birthday.

The Veteran's apportionment claim is being remanded for additional development, including verifying the Veteran's current address and incarceration details, obtaining updated financial information from both parties, and ensuring compliance with procedural requirements.

The Board has remanded the case due to additional evidence received and a need for a VA examination.

The Board has denied the appellant's claims for service connection for pediculosis pubis and a skin disorder, reopening one claim but denying both.

The Board has remanded the case for additional development, including obtaining updated medical records and scheduling VA examinations to evaluate the Veteran's service-connected disabilities. The claims will be readjudicated after all requested development is completed.

The Veteran's claims for increased evaluations for his left and right foot disorders have been denied as they do not meet the criteria for a higher evaluation under applicable rating criteria.,The Veteran was previously denied service connection for a lumbar spine disability in September 2007, with no new evidence submitted to reopen this claim.

The Board has remanded the case due to insufficient information regarding the Veteran's academic performance and eligibility for vocational rehabilitation training benefits under Chapter 31. The AOJ is instructed to obtain copies of the Veteran's college coursework from the summer 2008 session (and any subsequent semesters) completed in connection with his VA plan, readjudicate the issue, and return it to the Board if necessary.

The Board has remanded the case due to issues related to service connection for the cause of the Veteran's death, and additional development is needed as per Hupp v. Nicholson.

The Veteran's appeal is being remanded due to his request for a Travel Board hearing. The service connection issue remains pending and will be addressed after the scheduled hearing.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's claimed dental condition, including whether it was incurred or aggravated in line of duty during active service.

The Veteran's disability, including esophageal perforation and gastrointestinal infection, was caused by VA surgical treatment in November 2007. The complications were not reasonably foreseeable, warranting compensation under 38 U.S.C.A. § 1151.

The Board denied compensation under the provisions of 38 U.S.C.A. § 1151 for loss of the right leg due to medical treatment received at VA Medical Center in Jackson, Mississippi in October 2006, finding that amputation was not caused by or proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA.

The Veteran does not meet the basic eligibility requirements for non-service-connected pension benefits due to insufficient service and lack of a service-connected disability.