Other conditions decisions — 2013

The appellant submitted a timely Notice of Disagreement (NOD) with the June 2009 RO decision denying eligibility to a one-time payment from the FVEC Fund. The case is now remanded for issuance of a Statement of the Case (SOC).

The Veteran's chest pain, diagnosed as costochondritis, is found to have its onset during her active military service and granted service connection. The weakened immune system symptoms are attributed to a known clinical diagnosis of Hodgkin's lymphoma that was not related to her service or any service-connected disability.

The Veteran's claim of service connection for a lung disability is being remanded due to the need for additional development, including obtaining inpatient clinical records from his period of active duty and VA treatment records.

The Veteran's bilateral perforated tympanic membrane has been manifested by normal findings and the left tympanic membrane has been manifested by scarring consistent with a prior perforation. As such, the criteria for an initial compensable disability rating have not been met.

The Board found that the reduction in the rating for partial left hemilaryngectomy, residual of squamous cell carcinoma of the larynx from 100% to 30%, effective October 1, 2003, was proper. The Veteran's disability is now rated at 50% since November 29, 2005.

The Veteran's appeal is being remanded for additional development, including a neurological examination and referral to the Director, Compensation and Pension Service, for extraschedular consideration.

The Veteran's spine disability was found to not meet the criteria for a rating in excess of 10 percent prior to August 30, 2012 and 40 percent beginning from that date. The current evidence did not show limitation of motion or muscle spasm severe enough to result in an abnormal gait or spinal contour.

The Board has remanded the case to allow a VA examiner to review service treatment records and provide an opinion on whether the Veteran's current trigeminal neuralgia is related to tooth/jaw pain or reported injury in service, or if it more likely of post-service onset.

The Veteran's representative argues that VA should obtain records of an earlier application for Chapter 35 education benefits on behalf of his dependent son. The case is being remanded to the RO to ensure these records are associated with the claims file.

The Veteran's VA disability compensation benefits are granted to be apportioned on behalf of his minor children C.S., Jr. and K.S prior to their eighteenth birthdays.

The Board found that the Veteran's death did not qualify for nonservice-connected burial benefits as he was not receiving any VA compensation or pension at the time of his death and had no pending claims. The body was not held by a State, nor were there sufficient resources in the estate to cover burial expenses.

The Veteran is seeking service connection for a left leg disorder that he believes is related to his service-connected low back disability. The VA has ordered further examination and development of the claim.

The appellant is recognized as the Veteran's spouse for the purpose of receiving apportionment benefits due to her continued marriage and lack of financial support from the Veteran.

The Veteran's claim for educational assistance benefits higher than 60 percent under the post-9/11 GI Bill was denied as he did not meet the required creditable active duty service to warrant such benefits.

The Board has determined that the Veteran's vertigo, which began during service and continued since then, is service-connected. The claim for myelodysplasia was also granted as it is not related to radiation exposure.

The case is being remanded for the appellant to be scheduled for a Board hearing at the Manila RO, either in person or by videoconference.

The Board has remanded the case due to inadequate documentation and further development is required for proper adjudication of the matter on appeal.

The Board has remanded the case for further development due to incomplete records and need to verify certain facts related to the appellant's eligibility for reimbursement of unauthorized medical expenses.

The Board has remanded the case to the RO for further development and consideration of new evidence.

The Veteran's pseudotumor cerebri with vision problems was rated at a minimum of 10 percent prior to March 22, 2006. The Board found that the level of severity did not significantly change during the appeal period and granted a 20 percent rating for this condition.