Other conditions decisions — 2011

The Veteran's claim for an increased rating in excess of 30 percent for laryngeal cancer is being remanded due to the need for additional development, including obtaining medical records and a VA examination.

The Board has determined that the appellant's benign prostatic hypertrophy is attributable to service and grants his claim for service connection.

The Board has granted the Veteran's claim to reopen his previously denied service connection for fungus infection of the feet, finding that new and material evidence has been submitted. The Board also found that the Veteran's current condition is related to his in-service fungal infection.

The Veteran's right finger disability, characterized by pain and loss of sensation, does not warrant an evaluation in excess of the current 10 percent rating.

The Veteran's appeal for MGIB benefits for the interval period from July 4, 2008, to August 24, 2008 is denied as the summer term was not at least as long as the interval.

The Board has determined that the Veteran's claims to reopen previously denied claims for service connection for nasal blockage and benign lumps have been denied as new and material evidence has not been received.

The Veteran is seeking an increased disability evaluation for his left hip disability, which is currently rated at 30 percent. The case has been remanded due to the need for a new examination and additional medical records.

The Veteran's claim for eligibility to participate in the On the Job Training Program with Plano Police Department after May 21, 2008 is being remanded due to new evidence submitted since the January 2009 SOC. The RO will consider this additional evidence and issue a Supplemental Statement of the Case if necessary.

The Board has decided to remand the case for additional development, including obtaining service personnel records and verifying all periods of active duty, ACDUTRA, and INACDUTRA from 1948 through 1950. The appellant's claim will be reviewed by a VA examiner to determine if the Veteran's crush injury contributed substantially or materially to his pneumonia death.

The appellant's appeal for the full amount of Chapter 35 educational allowance is denied as she is enrolled in a school located in the Republic of the Philippines, and payments are made at half the authorized rate.

The Veteran's eligibility for educational assistance benefits under the Montgomery GI Bill is denied as he did not meet the requirements of the law, specifically failing to contribute to a Post-Vietnam Veterans Education Assistance Program (VEAP).

The Board has reopened the claim for service connection for porphyria cutanea tarda (PCT) and granted it, finding that there is evidence of a current disability related to an in-service disease.

The Board is remanding the case to verify the Veteran's service in Vietnam and obtain his SSA records. Additionally, a VA medical examiner will be requested to provide an opinion on whether the Veteran's cause of death - myocardial infarction - is related to his military service or if it falls under the definition of ischemic heart disease as defined by 38 C.F.R. § 3.309(e).

The Board has determined that further development is needed to accurately assess the appellant's income and entitlement to death pension benefits, including her Social Security Administration benefits.

The Veteran's appeal was dismissed due to his death.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there is no evidence linking his death to his active service.

The Veteran's claim for service connection for the removal of his number 8 tooth was denied as there is no evidence of in-service trauma or injury.

The Veteran's peptic ulcer disease is currently rated at 30 percent, and the Board finds no evidence to warrant a higher rating. The Veteran's headaches have not met criteria for an initial compensable evaluation or one in excess of 30 percent as of November 16, 2009. His vertigo with mild vestibular symptoms has been rated at 10 percent since April 2, 2004. His lumbosacral strain is currently rated at 10 percent.

The Veteran's service-connected right foot condition is currently rated at 10 percent, and the claim for secondary service connection for a low back condition has been granted.

The Board is remanding the case for scheduling a live teleconference hearing before a Veterans Law Judge at the RO.