Other conditions decisions — 2011

The Veteran's service connection for coronary artery disease (CAD) and post-myocardial infarction is granted as it falls under the presumptive provisions due to his Vietnam-era service.

The Board denied the Veteran's claim for service connection for squamous cell carcinoma of the tongue, with metastasis to the neck and throat, as secondary to herbicide exposure. The evidence did not support a direct or presumptive link between the cancer and his military service.

The Board denied an earlier effective date for DIC benefits due to the cause of death, finding that the claim was not filed until October 25, 2005.

The Board has ordered the VA to obtain SSA medical records used in awarding disability benefits. The Veteran's claim for service connection for residuals of a head injury will be remanded for further action.

The Board denied the Veteran's eligibility for VA educational assistance benefits due to lack of meeting statutory requirements, including not entering active duty after June 30, 1985 and not enrolling in Chapter 32 (VEAP) as required.

The Board has remanded the case for additional development, including issuing an SOC on the issue of service connection for cause of death and considering the burial benefits claim.

The Veteran is seeking service connection for pharyngeal dysphagia, which he claims was caused by radiation exposure during his military service. The case has been remanded to obtain more information about the extent of any radiation exposure and to conduct a VA examination.

The Veteran's claim for an educational benefit payment rate of greater than $483.75 per month between January 22, 2007 and September 2, 2007 is denied as the preponderance of evidence supports a lower rate.

The Veteran's claim for an increased rating for his service-connected residuals of fractured fourth and fifth fingers of the left hand was granted, with a 10 percent disability rating effective July 19, 2008.

The Veteran's unauthorized medical expenses incurred at Allegiance Emergency Care on September 27, 2008 are denied as he was not enrolled in the VA health care system and had not received VA medical services within the 24-month period prior to this incident.

The Board has ordered the Department of Veterans Affairs (VA) to obtain and associate with the claims file copies of all outstanding records related to the matter on appeal as held by the VA Debt Management Center, including a copy of any notice letter sent on December 21, 2007, to the appellant concerning the amount of any overpayment incurred and his right to request a waiver. If such a letter is not available, then a certification from the DMC indicating the date of the demand letter, which contained the appellant's notice of appellate rights, as well as when and where it was sent and whether it was returned as undeliverable, should be obtained and associated with the claims file.

The Veteran's orchialgia of the right testicle due to epididymal cyst is now rated at 10 percent, effective from December 30, 1999. Service connection for schizoaffective disorder was granted effective February 7, 2002.

The Board denied the veteran's claim for a one-time payment from the FVEC due to lack of qualifying service.

The Veteran's right thumb disability has been rated at 30 percent since April 13, 2010. The rating is based on moderate incomplete paralysis of the dominant hand.

The Veteran's claim for service connection for panic disorder was granted by the RO in a November 2010 rating decision, and the appeal is dismissed as there are no remaining issues to be reviewed.

The Board found that the Veteran's left eye disability was not incurred or aggravated by service and denied his claim for service connection.

The Veteran's boils on the buttocks disability requires constant or near-constant systemic medications such as doxycycline to prevent flare-ups, and he is currently rated at the maximum 60 percent rating under Diagnostic Code 7822.

The Board finds that the Veteran's fungal condition of the feet had its onset during active service and grants service connection for this disability.

The Board has determined that the Veteran's service-connected left knee disabilities do not meet the criteria for a temporary total disability rating based on hospitalization or convalescence.

The Veteran's claim for service connection for bilateral leg and hip disabilities was denied in January 2003. He reopened his claim on April 29, 2005, and the RO granted service connection for Madelung disease (lipomatosis) with a rating of 60 percent effective from April 29, 2005.