Other conditions decisions — 2012

The Veteran's claim for nonservice-connected pension benefits is denied as he did not serve during a period of war.

The Veteran's estranged spouse and two minor children were granted an apportionment of $100.00 per month, but the appellant now requests a higher amount due to increased expenses and financial hardship.

The Veteran's left toe condition, which included fusion and arthritis of the great toe, was rated at 20 percent since February 23, 2006. The rating has been maintained as there is no evidence that warrants a higher evaluation.

The Veteran's appeal was dismissed as the appellant died during the pendency of the appeal, and thus the Board has no jurisdiction to adjudicate the merits of this claim.

The Board denied the Veteran's claims for service connection for a bilateral foot disorder and migraines, finding that there was no increase in severity during service or aggravation of a preexisting condition.

The VA determined that the Veteran's personality disorder and alcohol use disorder were not incurred in or aggravated by service.

For the period from October 1, 2009 to April 21, 2011, the Veteran's diffuse fibrocalcific lung disease with pleural apical thickening was not manifested by a forced expiratory volume in one second of less than 40 percent predicted or a diffusion capacity of the lung for carbon monoxide by the single breath method of less than 40 percent predicted. Therefore, he is entitled to a 30% evaluation.,For the period from April 22, 2011 to November 27, 2011, his diffuse fibrocalcific lung disease with pleural apical thickening was manifested by forced expiratory volume in one second of less than 40 percent predicted and a diffusion capacity of the lung for carbon monoxide by the single breath method of less than 40 percent predicted. Therefore, he is entitled to a 60% evaluation.

The Board found that the Veteran's current chronic lumbar spine disorder, including HNP, DDD, and spondylosis at the L5/S1 level, is not attributable to his active service. The claim was denied as there was no evidence linking the current condition to his military service.

The Veteran's chronic orchalgia, manifested by bilateral testicular pain that interferes with daily activity and requires continual management with medications, is rated at a 30 percent evaluation.

The Board has remanded the case for additional development, including obtaining VA medical opinions on the etiology of the Veteran's claimed conditions and whether they are related to his service or exposure to herbicides (Agent Orange).

The Veteran's claims for an initial compensable rating and TDIU due to calcified pleural plaques have been denied by the RO.

The Board has determined that the Veteran does not have a current acquired eye disability for which service connection could be granted.

The Veteran's claim for educational assistance benefits under Chapters 30 and 34 was denied as he did not meet the eligibility criteria, specifically failing to serve at least three years of continuous active duty in the Armed Forces after June 30, 1985.

The Veteran claims service connection for basal cell carcinomas of the nose, cheek, ear and chest. The VA examiner found it less likely than not that his current condition is related to active service or herbicide exposure.

The Board has remanded the case due to the need for additional development, including obtaining SSA records and VA treatment records.

The Veteran's lung cancer was rated at 100% until May 6, 2009. The VA reduced the rating to 0%, but this reduction is not valid due to an inadequate examination. A new PFT conducted on May 6, 2009, supports a 60% rating.

The Board has granted service connection for bilateral lower extremity peripheral vascular disease and dermatitis, finding that the Veteran's current condition is due to presumed Agent Orange exposure during his Vietnam-era service. The claim of service connection for a chronic lung disorder remains pending as it requires further development.

The Veteran's right vocal cord paralysis is manifested by occasional voice cracking, with normal speech and phonation throughout the appeal period. The VA examinations have consistently shown no significant impairment of his vocal cords.

The Board denied service connection for a neck disorder and a right hand disorder. The Veteran appealed the denial of the right hand disorder, which led to a remand.

The Veteran's claims for increased ratings for patellofemoral pain syndrome of the right and left knees were denied as there was no evidence to support a higher rating based on current symptoms.