Other conditions decisions — 2012

The Board has determined that the Veteran's currently diagnosed sleep maintenance insomnia is related to his active military service, and thus grants service connection for this condition.

The Board found no medical evidence of Bell's Palsy during service or for many years after discharge. The Veteran was diagnosed with Bell's Palsy in 1993, but there is no indication that it was related to his military service.

The Board found that the Veteran's residuals of a gunshot wound to Muscle Group XIV most nearly approximated a moderate disability, and thus denied an increased rating. The other issues were not addressed as they are separate claims.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and providing the Veteran with proper notice of the evidence or information necessary to establish service connection on a secondary basis.

The Board found that the Veteran's loss of teeth was not caused by service-connected type II diabetes mellitus and denied his claim for service connection.

The Veteran's claim for service connection for a disorder causing chronic constipation is denied as there is no evidence of an underlying disease or injury that caused the symptoms.

The Board has remanded the case for additional development and a new opinion regarding whether the Veteran's service-connected disabilities render him unemployable. The Veteran is also scheduled for a videoconference hearing.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected cardiac disability and any pulmonary disorder or shortness of breath.

The Veteran has withdrawn his appeals for service connection for colon disability and intestinal disability. The Board does not have jurisdiction to review these claims.

The Board dismissed the appeal because there was no valid notice of disagreement filed by the appellant regarding her entitlement to VA burial benefits.

The Veteran's dysthymic disorder has been manifested by anger, depression, dysphoria, irritability, impaired impulse control, including anger outbursts and crying spells, verbally abusive behavior, mood swings, poor concentration, sleep impairment, some memory impairment, feelings of helplessness, hopelessness, and worthlessness, social withdrawal and isolation, inability to interact with others, distrust, fearfulness, paranoia, poor motivation, inability to sustain interest in goal-directed activities, and impaired thinking and judgment. The disability results in significant but not total social and occupational impairment.

The Board has determined that the Veteran does not have a service-connectable heart disorder and therefore denied his claim for service connection.

The Veteran's appeal has been dismissed as he withdrew his request for a hearing and the appeal itself on April 26, 2012.

The Veteran's appeal is being remanded to reschedule his videoconference hearing due to his failure to appear and forgetfulness. The claims for service connection are pending.

The Board has remanded the case for additional development, including obtaining VA and private medical records from March to May 2007, providing a new VA examination, and determining whether the Veteran's service-connected diabetes mellitus substantially or materially contributed to his death and whether his fatal acute lymphocytic leukemia is related to Agent Orange exposure during service.

The Veteran's service-connected disabilities do not meet the percentage requirements for TDIU, as his combined rating is only 80 percent and does not include a single 60% or multiple disabilities with a single 40% disability. The Board finds that he is capable of securing and following substantially gainful employment.

The Veteran seeks educational assistance benefits under the Montgomery GI Bill (MGIB) due to his service-connected conditions and circumstances. The Board has ordered additional development of his service records, including personnel file and service treatment records, as there is a possibility that his separation from service was related to a physical or mental condition not resulting from his own willful misconduct but interfering with his performance of duty.

The Veteran filed a timely Notice of Disagreement (NOD) regarding the denial of service connection for a left eye disorder, and his appeal is now pending.

The Veteran's death was not service-connected, and the claim for DIC under 38 U.S.C. § 1318 is denied as the Veteran did not meet the eligibility requirements.

The Board has determined that the Veteran's residuals of a left nephrectomy are associated with his inservice shrapnel fragment wound and exploratory laparotomy, granting service connection for this condition.