Other conditions decisions — 2011

The Board finds that the appellant does not have a liver disability related to his service, and thus, he is not entitled to service connection for this condition.

The Board has remanded the case due to a failure to issue a Statement of the Case (SOC) addressing the Veteran's claim for TDIU. The Veteran must be provided with an opportunity to perfect his appeal by submitting a timely and adequate substantive appeal.

The Board has granted the Veteran's appeal, finding that she did not make an irrevocable election for educational benefits under the Post-9/11-GI Bill program in lieu of benefits under the Montgomery GI Bill (MGIB) program.

The Veteran's post-operative residuals of a neurofibroma removal have not been manifested by deep scarring or any other impairment warranting a rating in excess of 10 percent. The current rating adequately reflects the severity and symptomatology of the disability.

The Board found that the evidence did not support a finding of service connection for post-surgical right breast cancer, as there was no credible medical opinion linking the condition to military service.

The Board has determined that the Veteran's right ear cholesteatoma was not incurred or aggravated during his active service and is not related to any in-service event, injury, or disease. The evidence does not show a current disability within one year of separation from service.

The Veteran's claim for service connection for a disability manifested by weight loss and diarrhea, including as due to an undiagnosed illness is granted. The issue of entitlement to increases in the 'staged' ratings assigned for his anxiety disorder remains on appeal.

The Veteran's claim for service connection for an acute breathing disorder, including as a result of exposure to Agent Orange, is being remanded due to the need for a VA examination.

The Veteran is seeking an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU), to include on the basis of clear and unmistakable error (CUE). The case must be remanded for adjudication of the CUE claim.

The Veteran's claim for an extension of her delimiting date was denied as she did not submit a timely request within the required one-year period after the expiration of her eligibility period, and there was no good cause shown.

The Veteran's private medical expenses at Columbia Memorial Hospital for pneumonia and acute coronary syndrome are covered by VA, as VA facilities were not feasibly available.

The Board denied the Veteran's claim for reopening his service connection for a stomach disability, to include colitis, finding that new and material evidence had not been received.

The Veteran's bilateral eye disorder, claimed as a residual of a head injury and diagnosed as IV nerve palsy, was not incurred in or aggravated by service.

The Board found that the Veteran's gastrointestinal disorder and vocal cord paralysis are not attributable to the May 1991 VA cervical spine surgery, thus denying his claim for compensation under 38 U.S.C.A. § 1151.

The Board denied the Veteran's claim for service connection for Von Recklinghausen's Disease/ neurofibromatosis with arachnoid cyst formation and thickening of the nerve roots of the cauda equina (a skin disorder), based on aggravation of a preexisting condition, finding that new and material evidence was not received sufficient to reopen the previously denied claim.

The Board has determined that additional development is needed, including obtaining medical opinions and evidence regarding the Veteran's service-connected conditions and their impact on his death. The appeal will be remanded to the RO for further action.

The Board found that the newly submitted evidence was not new and material, as it did not relate to an unestablished fact necessary to substantiate the claim of service connection for a right hand injury. The Veteran's claim was denied.

The Board has determined that the Veteran does not have a current diagnosis of Bell's palsy and there is no evidence linking any current spine condition to service. As such, the claim for service connection for arthritis of the spine is denied.

The Board has remanded the case for further development, including a medical opinion regarding the relationship between Pick's disease and Agent Orange exposure. The issue of whether new and material evidence has been received to reopen the claim of service connection for ALS is also pending.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities has been denied as there is no service-connected disability for which TDIU can be granted.