Other conditions decisions — 2013

The case is being remanded for additional development, including obtaining SSA records and VA treatment records. The initial disability rating for the left femur fracture will be reconsidered after these records are obtained.

The Veteran's claim for an initial disability rating in excess of 20 percent for intervertebral disc syndrome (IVDS) is being remanded due to the Veteran failing to report for a scheduled Travel Board hearing. The case will be returned to the Board for further appellate consideration.

The Board has determined that the Veteran's OHS, left eye, is related to his active service and grants service connection for this condition.

The Veteran seeks service connection for oropharyngeal tonsillar carcinoma, including as due to exposure to herbicides. The Board has determined that additional development is necessary and the case is being remanded.

The Board has decided to remand the case for additional development, including obtaining evidence of the appellant's service and enrollment in VA healthcare system, as well as a medical opinion regarding the necessity of treatment on September 24, 2010.

The Board has determined that the evidence submitted since the January 1998 rating decision does not constitute new and material evidence sufficient to reopen the Veteran's previously-denied claim of entitlement to service connection for hypercholesterolemia.

The Veteran's cardiovascular, gallbladder, and pancreas disabilities are being remanded for additional development to determine their etiology.

The Board found that the appellant did not continuously cohabitate with the Veteran from their marriage until his death, as she sought a divorce and remarried before he passed away. Therefore, she does not meet the requirement for eligibility as the Veteran's surviving spouse.

The Board has determined that the Veteran's squamous cell carcinoma of the left tonsillar fossa is at least as likely as not caused by his in-service exposure to herbicides, including Agent Blue. As a result, service connection for this condition is granted.

The Veteran's service-connected left foot disability was rated at 10 percent prior to September 10, 2010. From September 10, 2010 until January 25, 2012, the rating was increased to 20 percent. Since January 25, 2012, the Veteran's disability has been rated at 30 percent.

The Veteran's basal cell carcinoma was not present in service or for many years following his discharge from service and is not etiologically related to service.

The Board found that the Veteran's decubitus ulcer and necrotic breakdown of his right ear developed due to his critical medical condition, not because of any fault on VA's part. Therefore, the criteria for compensation under 38 U.S.C.A. § 1151 are not met.

The Board has determined that the Veteran's bilateral foot disorder, including chilblains and a chronic fungal disorder, is related to his service in Korea. The decision grants service connection for these conditions.

The Board has denied the Veteran's claims for service connection for heartburn and a skin disorder, finding that there is no evidence of current disabilities or a link to service.

The Board has determined that the Veteran does not have a left inguinal hernia in service and there is no evidence of an injury or disease causally related to service. The Veteran's current left inguinal hernia is not considered secondary to his umbilical hernia, which was already service-connected. As such, the claim for direct service connection for a left inguinal hernia is denied.

The Veteran's claim for education benefits under the Montgomery GI Bill (Chapter 30) program was denied because he specifically declined to participate in this program while on active duty. The case is being remanded for further action.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board found that the Veteran's current sinus disability and lipoma are not related to his military service, thus denying service connection for these conditions.

The Board denied the Veteran's petition to reopen his claim for service connection for residuals of a head injury, finding that new and material evidence had not been received.

The Veteran's bladder disorder, specifically urinary urgency, is being reviewed for service connection. The VA examiner will determine if the condition was caused or aggravated by his service-connected low back disability and peripheral neuropathy.