Other conditions decisions — 2013

The Board has determined that the appellant is not eligible for VA educational assistance under Chapter 1606 (MGIB-SR) due to his failure to reestablish eligibility within one year of leaving the Selected Reserve.

The Veteran's claims for service connection and increased ratings were denied. The claim for emphysema was previously denied due to lack of evidence linking the condition to service, and no new and material evidence has been submitted since then. For his left knee disability, he received separate compensable evaluations for instability and osteoarthritis prior to February 8, 2008, and from January 1, 2009 to July 8, 2013. However, the claim for an increased rating on or after January 1, 2009 was denied as his disability did not meet the criteria for a higher evaluation.

The Board found that the Veteran's left eye disorder did not result from VA carelessness, negligence, or error in judgment. The claim for compensation under 38 U.S.C.A. § 1151 was denied.

The Board found no evidence linking the Veteran's current low back disability to his service, and denied the claim.

The Veteran's herpetic keratosis of the right eye resulted in no light perception, and a 40 percent disability rating is denied.

The Veteran's claim for service connection for residuals of a right thigh cystectomy was denied as there is no current disability related to the procedure performed in service.

The Board has determined that the appellant's discharge from service for the period of August 1957 to March 1959 was under other than honorable conditions due to willful and persistent misconduct, which constitutes a bar to VA benefits.

The Board has remanded the case due to the lack of a Statement of the Case (SOC) regarding the termination of pension benefits for the appellant's child. The Veteran and the appellant have been notified that they need to file a timely substantive appeal if they wish to proceed with their claim.

The Veteran's right hand disability, specifically third metacarpal (MC) joint strain with lateral deviation of the middle finger, is currently rated at 10 percent disabling. The Board finds that a higher rating is not warranted as there is no evidence of ankylosis or other conditions that would warrant a more severe rating.

The Board has determined that new and material evidence has been presented to reopen the claim of entitlement to recognition as the Veteran's surviving spouse for VA benefits, and finds that the appellant meets the criteria for being recognized as such.

The Board has remanded the case due to incomplete service records and a need for clarification on the nature of the Veteran's Reserve service, as well as an addendum opinion addressing whether her PTSD aggravated her endometriosis.

The Board has determined that additional development is needed for the Veteran's claims, including a new VA examination to assess his cubital tunnel syndrome and determine if he has loss of use of his right hand. The Veteran also needs an examination to determine the etiology of his bilateral ruptured eardrums.

The Board has granted service connection for cataracts as secondary to service-connected diabetes mellitus. However, the claim for service connection for atrial fibrillation is denied.

The Veteran's concentration disorder is not service-connected.,Service connection for joint pain in the legs and feet has been granted.

The Veteran's appeal involves his left foot dermatophytosis and a right foot fungus. The Board has determined that additional development is needed, including obtaining medical opinions regarding the relationship between the right foot condition and service-connected left foot dermatophytosis.

The Veteran's claim for service connection for Osgood-Schlatter's Disease was granted. However, his secondary service connection claim for bilateral hip arthritis to include as secondary to a bilateral knee disability was denied.

The Veteran's claim for an increased rating for essential tremors of the bilateral upper extremities is being remanded due to a need for additional examination and consideration.

The Veteran's cause of death, acute lymphoblastic leukemia, is found to be related to service and thus service connection for the cause of the Veteran's death is granted.

The Veteran's claim for a compensable rating for his bilateral heel strain with right calcaneal spur is being remanded due to the need for additional development, including obtaining updated medical records and scheduling a VA examination.

The Board has decided to remand the case due to incomplete records and need for further examination. The Veteran's claim for service connection for residuals of a neck injury will be reconsidered after obtaining additional evidence.