Other conditions decisions — 2012

The Veteran's death was used to file a claim for automobile and adaptive equipment as an accrued benefit, but the Board found that this is not a valid claim because financial assistance in the purchase of an automobile does not qualify as a periodic monetary benefit for which accrued benefits may be authorized.

The Board has determined that the appellant's deceased husband did not have qualifying military service to establish eligibility for VA benefits, and thus, she is not eligible for VA death benefits.

The Veteran's service-connected residuals of a mixed tumor of the parotid gland with scar are manifested by decreased sensation on the right side of the face, drooling, dry mouth and seepage at the surgical site. The Board finds that a 10 percent evaluation is warranted for this condition.

The Veteran's irrevocable election for educational benefits under the Post-9/11 GI Bill program in lieu of benefits under the Montgomery GI Bill program is upheld, and he cannot receive both programs concurrently.

The Board in 1956 incorrectly applied the presumption of soundness, leading to a denial of service connection for defective hearing. The Court reversed this decision and held that if the Board had correctly applied the law at the time, it would have found service connection due to the Veteran's preexisting condition worsening during service.

The Veteran's additional disability of damage to the stylomandibular tendon was caused by VA's carelessness in performing dental surgery, warranting compensation under 38 U.S.C.A. § 1151.

The Veteran's claim for educational assistance benefits under the Post-9/11 GI Bill was denied as he had already used a total of 48 months of education benefits, which is the maximum allowed by law.

The Board has granted the Veteran's claim to reopen his service connection for a disorder manifested by left side weakness and numbness, finding that new evidence supports this claim. Service connection is also granted for postherpetic neuralgia of the upper left extremity.

The Board has granted service connection for right foot degenerative changes with right great toe gout and left foot degenerative changes with left 5th toe allodynia, finding that these conditions are related to active service.

The Board denied the Veteran's claims for service connection for right bundle branch block and coronary artery disease with stress induced angina, finding that new and material evidence had not been received to reopen his claim for right bundle branch block. The Board also found that he does not have coronary artery disease with stress induced angina.

The Veteran's claims for increased ratings for hiatal hernia and postoperative ventral hernia are being remanded due to the need for additional development, including obtaining SSA records and VA treatment records.

The VA examiner found no current orthopedic disease or diagnosis of a thoracic spine disorder. The Veteran's reported fall from an aircraft did not result in any physical findings on examination.

The Board has granted service connection for residuals of a neck injury, back injury, leg injury, and skin disorder. These conditions are considered to be directly related to the Veteran's active military service.

The Veteran does not have an additional disability as a result of the coronary artery bypass graft and mass removal performed in May 2000, as evidenced by the VA examination which found no clinical or radiological evidence of such. The Veteran's chest pain is attributed to his cardiovascular surgery.

The Veteran's squamous cell carcinoma of the pharynx and sinuses are found to be related to presumed exposure to Agent Orange during service.

The Board has determined that the Veteran's perforated right tympanic membrane, which was identified shortly after service in 1998 and found to be asymptomatic, is related to his active duty service.

The Board found that there is no objective evidence of any residual pathology or deficits due to the Veteran's cold exposure in 1980, and concluded that her symptoms are not indicative of a diagnosable pathologic condition with past exposure to cold.

The Veteran's service-connected residuals of fractures to the right toes were initially granted a 20 percent disability evaluation in August 1998, which was increased to 30 percent effective as of June 28, 2005. The Veteran appealed this decision and continued to seek higher evaluations.,Prior to August 30, 2004, the Veteran's right foot condition was characterized as moderately severe, with symptoms including pain, impaired ambulation, limited motion, and impairment of daily activity.

The Board found that the Veteran's colon perforation following a VA colonoscopy was not caused by carelessness, negligence, or similar fault on VA's part. Therefore, compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for bilateral leg disorders. However, further development is needed before the claim can be adjudicated on its merits.