Other conditions decisions — 2011

The Veteran wishes to cancel his appeal regarding whether he made an irrevocable election for educational benefits under the Post-9/11-GI Bill program in lieu of benefits under the Montgomery GI Bill program. The Board has dismissed the appeal.

The Board has remanded the case to the Department of Veterans Affairs Regional Office for further development and consideration. The Veteran's claim is related to surgeries performed at VA medical centers in 1992 and 2007, which resulted in a chronic disability manifested by pain, including testicle pain.

The Veteran's left hip arthritis was initially rated at 20 percent prior to March 23, 2007. The current evaluation of 20 percent is maintained.

The apportionment of the Veteran's VA benefits in the amount of $800 on behalf of his spouse and minor child during the period between September 1, 2006 and January 8, 2007 was proper.

The Veteran's left little finger disability, including a contracture and degenerative joint disease, has been rated at 10 percent since the appeal period began. The claim for an increased rating is granted.

The Board denied the Veteran's claims for service connection for a left elbow disability and an initial compensable evaluation for genital warts, finding that there was no evidence of a superimposed injury or aggravation during service.

The Veteran's undiagnosed illness manifested by joint pain of the shoulders and ankles is rated as 10 percent disabling due to degenerative joint disease.

The Veteran's ischemic cardiomyopathy, with atrial fibrillation, is service-connected due to exposure to herbicides in Vietnam. His pneumonectomy residuals are rated at 30 percent based on his lung function tests.

The Board found that the Veteran's cause of death, gram negative bacteremia sepsis due to or as a consequence of relapsed/refractory acute myeloid leukemia, was not caused by any service-connected disability. The medical opinions indicated that there was insufficient evidence to establish a connection between the Veteran's exposure to chemicals in service and his development of AML.

The VA denied the Veteran's claim for service connection as his sleep disturbance was not found to be related to undiagnosed illness due to service in the Gulf War.

The Veteran's appeal has been dismissed as he requested withdrawal of his appeal prior to the Board's decision.

The Board denied the Veteran's claim for service connection for residuals of a jawbone fracture, finding that there was no evidence of a jaw fracture during service and concluding that his current condition is not related to service.

The Board found that arthritis of the spine was not incurred in or aggravated by active service and denied the claim.

The Veteran's ruptured left Achilles tendon does not result in marked limitation of motion, and therefore, the initial 10 percent rating assigned is appropriate.

The Veteran's right hand tendon injuries have resulted in a moderate muscle injury, warranting a 10% disability rating since December 2009.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the likely etiology of his claimed disabilities and whether they are related to service.

The Veteran's macular degeneration is not found to be the result of VA treatment, and therefore compensation under 38 U.S.C.A. § 1151 for this condition is denied.

The Veteran's right knee disability, characterized by chrondromalacia of the patella and degenerative joint disease, is currently rated at 10 percent under Diagnostic Code 5257. The Board finds that separate ratings for instability (rated as 10%) and limitation of motion (rated as 10%) are warranted.

The Veteran's service-connected inguinal hernia residuals and residual surgical scar do not meet the criteria for a compensable disability rating.

The Board awarded service connection for the cause of the Veteran's death, and as a result, the appellant is eligible to receive attorney fees from past-due benefits.