Other conditions decisions — 2011

The Veteran's jaw disorder, nerve damage, and dental disorder are being remanded for further examination to determine their etiology.

The Veteran's combined rating is 60 percent, which does not meet the schedular requirements for a total disability under VA regulations. The Veteran has multiple disabilities but no single disability rated at 100%.

The Board denied the claim for service connection for the cause of death due to metastatic cancer of the liver and spine, finding that it was not related to service. The dementia, a part of the Veteran's service-connected disabilities, did not contribute substantially or materially to his death.

The Veteran's child was awarded DIC benefits as the helpless child of his spouse. The marriage was annulled due to its presumed invalidity, and the child's DIC benefits were restored effective June [redacted], 2008.

The Veteran is not eligible for educational assistance under Chapter 30 of Title 38 of the United States Code (Montgomery GI Bill) due to her service being discharged for convenience of the government, which does not meet the eligibility requirements.

The Veteran's appeal is being remanded for further evaluation of his lymphatic filariasis to determine the nature and etiology of the disability, including whether it represents an active disease process or chronic residuals.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran was diagnosed with anosmia (loss of smell) during active service due to surgery for intracranial aneurysms. The condition has been continuous since service separation and the Board finds that it is related to service.

The Veteran's service-connected bilateral foot disabilities are found to have caused his current diagnosis of reflex neurovascular dystrophy, which is granted as secondary to these conditions.

The Veteran's death claim for non-service connected burial allowances was denied because the application was not filed within two years of the cremation and interment, which is a legal requirement.

The Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 is being remanded due to the need for a supplemental opinion regarding whether his left vocal cord damage and speech difficulties were reasonably foreseeable complications of the VA lung cancer surgery, including consideration of informed consent.

The Veteran's service-connected deep vein thrombosis of the left leg is currently manifested by complaints of persistent edema, which is incompletely relieved by elevation. The Board has determined that a disability rating of 20 percent, but no more, for this condition is warranted.

The Veteran's Staphylococcus infections do not meet the criteria for a rating in excess of 30 percent, as they involve less than 40% of total body surface or exposed areas and do not require constant systemic therapy.

The Veteran's claim for an earlier effective date for service connection was denied.,The Veteran's claim for a higher disability evaluation was granted, but the effective date of that grant was set at March 24, 2003.

The Veteran's vocational rehabilitation benefits were discontinued due to unsatisfactory conduct and cooperation. The Board has ordered a remand for further review, including an evaluation by a Vocational Rehabilitation and Counseling Psychologist.

The Board has determined that additional development is needed to properly address the appellant's request for a waiver of overpayment of death pension benefits. This includes obtaining copies of all relevant records from various VA offices, conducting a paid and due audit of the appellant's death pension benefits, and allowing the appellant an opportunity to submit additional evidence.

The Board has reopened the Veteran's claim of service connection for a duodenal ulcer and granted it, finding that there is sufficient evidence to establish a current disability and a link between the condition and active military service.

The Veteran's claims for reimbursement of unauthorized medical expenses are denied as the treatment was not in an emergency situation and he had coverage under Medicare Part A.

The Veteran's bladder condition was not incurred in or aggravated by service and is not caused by her service-connected hysterectomy. The claim for a left foot disability and the claim for an increased rating for abdominal muscle are also denied.

The Veteran's appeal for increased ratings for residuals of a shell fragment wound of the left lower leg and foot, with retained foreign bodies and history of deep venous thrombosis, was denied. The Board found that an evaluation in excess of 30 percent disabling for the period prior to February 3, 1998, and in excess of 40 percent disabling from February 3, 1998, to June 13, 2007, is not warranted.