Other conditions decisions — 2011

The Veteran's claim for service connection for paralysis and cramping of the bilateral upper and lower extremities, claimed as secondary to a service-connected cervical spine disability, is being remanded due to missing VA records from his treatment history.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for additional left eye disability, but the appeal is not about service connection at all.

The Veteran's service-connected deviated nasal septum with bilateral nasal obstruction is rated at 10 percent, the maximum under Diagnostic Code 6502. The claim for a higher rating is denied.

The Board determined that the Veteran's left elbow disability, characterized by continuous aching pain and limited range of motion, does not warrant an evaluation in excess of the current 10 percent rating.

The Veteran's claim for an increased disability rating in excess of 10 percent for his sebaceous cyst of the right ear is being remanded due to inadequate development, including a need for a VA examination.

The Veteran does not have a current diagnosis of an inguinal hernia that is related to service. The Board finds no evidence linking the current condition to service, and the Veteran's testimony regarding his history of hernias is not credible due to internal inconsistency.

The Veteran's appeal is being remanded to obtain additional medical records and conduct a neurological examination to determine if he has any neurological manifestations of his upper and/or lower extremities related to his service-connected lumbar disc disease.

The Board determined that the appellant does not have recognized active military service for the purpose of obtaining the one-time payment from the Filipino Veterans Equity Compensation Fund, and therefore denied legal entitlement to this benefit.

The Veteran's service on and after September 11, 2001, was composed entirely of Active Guard/Reserve service under Title 32 of the United States Code. The Board finds that he does not have qualifying active duty to be eligible for education benefits under the Post 9/11 G.I. Bill.

The Board has found that the appellant was entitled to recognition as the Veteran's surviving spouse at the time of his death. The issue now is whether she remains eligible for VA benefits given her subsequent marriage.

The Board has ordered additional development due to incomplete records and an administrative error, including locating the Veteran's service treatment records and removing documents pertaining to another deceased veteran.

The Veteran's appeal has been withdrawn due to closure in the case.

The Veteran's HIV related illness was rated at 10 percent prior to October 4, 2005. From October 4, 2005 until October 24, 2006, the rating was increased to 30 percent due to recurrent constitutional symptoms and intermittent diarrhea.

The Board has remanded the case to the RO for scheduling a videoconference hearing and then returning it to the Board. The appellant's request for an earlier effective date for Dependents' Educational Assistance benefits is pending.

The Veteran's claim is being remanded for the VA to obtain treatment records from Behavioral Health units at Loma Linda and Palm Desert VA facilities prior to January 27, 2005. The effective date of the award will be determined based on these records.

The Veteran's claim for pension benefits was denied due to his failure to report for a scheduled VA examination.

The Veteran's service-connected residuals of shell fragment wounds of right calf with scar and neuralgia of deep peroneal nerve are currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5312. The claim for a higher rating is denied.

The Board finds that the Veteran's bilateral rotator cuff disability is not service-connected as there is no competent medical evidence linking his current condition to active service. The preponderance of the evidence is against this claim.

The Veteran's amnestic disorder has been productive of complaints including memory loss, depressed mood, and difficulty maintaining employment. The VA examinations have shown that his affect was normal on most occasions but limited at times. He did not report having panic attacks more than once a week.

The Board found that the Veteran's right ear disability, manifested by a tympanic membrane retraction, was not incurred or aggravated during his period of active service and denied his claim for service connection.