Other conditions decisions — 2011

The Board has reopened the Veteran's claim of service connection for post concussive syndrome following a head injury with cognitive disorder based on new and material evidence, including medical opinions suggesting aggravation during service.

The Veteran's service-connected residuals of L1 fracture with deformity are currently rated at 50 percent, and the Board finds that a higher rating is not warranted.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for cause of death, which is currently pending. The Veteran's death was caused by heart failure and apnea syndrome, but there is no clear link between his service or any pre-existing condition.

The Veteran's appeal is denied as they did not meet the basic eligibility requirements for VA improved pension benefits due to their peacetime active service.

The Veteran's appeal is being remanded for a videoconference hearing in Washington, DC.

The Veteran's spouse is not eligible for death pension benefits due to her remarriage, which does not meet the eligibility criteria.

The Veteran's appeal is being remanded for further examination and consideration of his claim for an increased evaluation for thoracic outlet syndrome affecting cranial nerve XI and the left upper extremity, currently rated at 30 percent.

The Veteran's jaw disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted as her temporomandibular motion does not exceed 24mm. A separate compensable rating for facial disfigurement has been assigned.

The Veteran's claim for service connection for non-Hodgkin's lymphoma/mantle cell lymphoma due to exposure to ionizing radiation is being remanded for further development, including obtaining records of in-service exposure and preparing a dose estimate by the Under Secretary for Health.

The Veteran's right calf disability is rated as noncompensable, and his claim for service connection for bilateral hearing loss was denied. The decision does not address the issue of exposure basis or the PACT Act.

The Board found that the Veteran did not have a hearing loss for VA purposes in service and there was no evidence of any measurable decrease in hearing acuity within one year of separation from service. The claim for service connection for bilateral defective hearing was denied as there is no direct evidence linking current hearing impairment to service.

The Veteran's Crohn's disease is currently rated at a 10 percent disability evaluation, the highest under Diagnostic Code 7323 for moderate ulcerative colitis with infrequent exacerbations. The Board finds that this rating adequately reflects his symptoms and functional impairment.

The Board denied the appellant's claim for apportionment of the Veteran's compensation benefits on behalf of their two minor children, finding that the Veteran was reasonably discharging his responsibility for the support of his children and there were no special circumstances warranting an apportionment.

The Board has determined that the Veteran's service-connected conditions do not warrant a compensable rating, and thus his claims for increased ratings are denied.

The appellant withdrew their motion for CUE review, thus the Board dismissed the case without prejudice to refiling.

The Veteran's claim for service connection for a lung disorder, including mesothelioma, is being remanded due to the need for further development and examination.

The Board denied the Veteran's claims for earlier effective dates for various ratings and service connection determinations, finding that the criteria were not met before May 24, 1996.

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

The Veteran's skin disorder claim, including as due to Agent Orange exposure, is being remanded for further development.

The Veteran's service-connected fractures of the right third, fourth, and fifth metacarpals are currently rated at 10 percent. The Board finds that these conditions do not warrant a higher rating as there is no evidence of ankylosis or amputation.