Other conditions decisions — 2011

The Board found that the Veteran's polysubstance abuse was a result of his own willful misconduct and not related to any service-connected condition. The claim for secondary service connection based on PTSD was also denied.

The Board has remanded the claim for a total disability rating based on individual unemployability due to service-connected disability (TDIU) to allow further consideration of the Veteran's employment history, educational and vocational attainment, and other factors having a bearing on his ability to secure or follow substantially gainful employment.

The Veteran does not have residual disability that is attributable to a cold injury during his active military service.

The Veteran's service-connected left elbow disability, which includes a fracture of the left lower humerus and traumatic arthritis with limitation of motion, is currently rated at 30 percent. The Board found that the evidence did not support a higher rating as there was no ankylosis or other conditions warranting a higher evaluation.

The Veteran's cancer of the right lung, which was resected in January 2005, does not meet the criteria for a higher evaluation as it did not result in FEV-1 less than 40 percent predicted or DLCO less than 40 percent predicted.

The Board has determined that the Veteran's current left great toe degenerative joint disease is causally related to injury during her service and grants service connection for this condition.

The Veteran's bilateral hallux rigidus with arthritis is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's children, B.G.M. and A.C.M., are seeking an increased monthly apportionment of the Veteran's VA benefits due to their custody status. The appeal is remanded for further development including financial information from both parties.

The Board denied the Veteran's claim for an earlier effective date for his TDIU rating, finding that there was no new and material evidence to support such a request.

The Veteran's right elbow lateral epicondylitis with strain was rated at 10 percent prior to August 14, 2009, and increased to 20 percent from that date. The left knee retropatellar pain syndrome has been rated at a combined 40 percent since September 7, 2007, through August 13, 2009, for the period prior to August 14, 2009, and at a combined 40 percent from that date. The right knee retropatellar pain syndrome has also been rated at a combined 40 percent since September 7, 2007, through August 13, 2009, for the period prior to August 14, 2009, and at a combined 40 percent from that date. The Veteran's PTSD has been rated at 70 percent.

The Veteran's appeal is about determining whether he was eligible for educational assistance benefits, specifically Chapter 1607 benefits after his separation from the Selected Reserve. The case is being remanded to obtain a determination of eligibility.

The Veteran's claim for an earlier effective date for the grant of TDIU is dismissed as it does not allege clear and unmistakable error in a final rating decision.

The Veteran's appeal is remanded due to the need for additional VA examination and records review.

The Board has remanded the case due to incomplete records and need for clarification on the exact dates of service in July 1995.

The Board denied the appellant's request for apportionment of the Veteran's VA benefits on behalf of their minor child, finding that the Veteran was providing support and there was no hardship warranting special apportionment.

The Board has granted a revised delimiting date of January 25, 2014 for the appellant's Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code.

The Veteran's appeal is remanded due to insufficient service records regarding his involuntary separation from active duty. Additional information and evidence are needed to determine if the separation was due to a physical or mental condition that did not result from willful misconduct.

The Veteran's claim for special apportionment of his non-service-connected disability pension benefits in favor of a minor child is remanded due to an unresolved issue regarding the amount and recipient of monthly child support payments.

The Veteran seeks reimbursement for medical expenses received on July 30, 2008. The VA denied the claim based on the condition not being emergent and reasonable availability of VA facilities. The Board finds that remand is necessary to clarify the availability of VA facilities in the Veteran's area and determine if the treatment was emergent.

The VA denied the Veteran's claim for Chapter 30 benefits due to lack of three continuous years of active service and no evidence supporting early discharge. The Board finds that additional development is needed, including obtaining the Veteran's service personnel records.