Other conditions decisions — 2011

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for additional development, including obtaining Social Security Administration records and VA treatment records.

The Veteran's right lower extremity peripheral vascular disease has not been manifested by claudication on walking more than 100 yards, and diminished peripheral pulses or an ankle/brachial index of 0.9 or less since October 29, 2004.

The veteran's appeal was dismissed due to the death of the appellant.

The Veteran's death was not service-connected, and the appellant is seeking non-service-connected burial benefits. The Board finds that the criteria for payment of such benefits are not met as the Veteran did not have a pending claim at the time of his death.

The Veteran's claims for service connection are being remanded due to the need to obtain additional medical records and conduct a VA examination.

The Board has found new and material evidence sufficient to reopen the previously denied claim for service connection for post-operative diskectomy at the C5-C6 level. The underlying issue of entitlement to service connection is addressed in a separate REMAND portion of this decision.

The Veteran's motion for revision of the April 14, 2006, Board decision was dismissed with prejudice as it is barred by law due to its being identical to issues appealed and decided by a court of competent jurisdiction.

The Board has determined that the Veteran's right hip bursitis is secondary to his service-connected lumbosacral strain and grants this claim.

The Veteran's arthritis of the first metatarsocuneiform joint with clawtoes, left foot has been rated as moderately severe and is now assigned a 20 percent rating.

The Board has determined that the Veteran's stroke residuals are not incurred or aggravated by active service and may not be presumed. The evidence does not support a finding of service connection for these conditions.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's current back conditions are related to his in-service injury.

The Board has denied the Veteran's claim for service connection for congenital lordosis and spina bifida occulta, L-5 due to lack of new and material evidence.

The Veteran's appeal regarding the issue of entitlement to service connection for a bilateral hand disorder has been withdrawn. The case is being remanded for further development and readjudication.

The Veteran's service-connected scapulothoracic pain syndrome and incomplete long thoracic nerve injury do not meet the criteria for a higher rating, as there is no evidence of muscle disability or impairment of function.

The Board finds that the appellant's husband did not have qualifying active service under VA law, and thus does not qualify as a veteran for purposes of these claims. The cause of death is therefore not service-connected.

The Veteran's claim for service connection for loss of teeth numbers 1, 4, 5, 7, 8, 9, 10, 12, 13, 15, 18, 19, 31, and 32 for compensation or dental treatment purposes is denied.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for additional disability caused by VA radiation therapy, but the case has been remanded due to incomplete records and need for further examination.

The Veteran's claim for educational assistance under Chapter 30, Title 38, United States Code (Montgomery GI Bill) is denied as he does not meet the basic eligibility criteria due to his lack of active service after June 30, 1985.

The Veteran's service treatment records do not show any right leg disability. The VA examinations found no current right leg disability, and the appellant has not provided medical evidence of a current disability. Therefore, service connection for a right leg disability is denied.

The Board has determined that the appellant does not have qualifying service for the purpose of receiving the one-time payment from the Filipino Veterans Equity Compensation Fund.