Other conditions decisions — 2013

The Board finds that the Veteran's current left arm degenerative changes are not shown to be related to his military service, including any claimed residuals of a foreign body embedded in his left forearm. The claim for service connection for residuals of a foreign body embedded in the left forearm is denied.

The Board found that squamous cell carcinoma of the right tonsil was not incurred in or aggravated by service and is not shown to be related to any event therein, including hazardous environmental exposures. The claim for service connection has been denied.

The Veteran's claim for a rating in excess of 30 percent for traumatic encephalopathy has been dismissed due to the death of the appellant.

The Veteran's cause of death was respiratory failure, septicemia with an underlying subdiaphragmatic abscess. The Board found no service connection for any disability at the time of his death and thus denied both the claim for service connection for the cause of death and the DIC at the A&A rate.

The Board has determined that there was no clear and unmistakable error in the October 2002 rating decision denying service connection for amblyopia secondary to childhood esotropia (claimed as keratoconus). The effective date of January 7, 2008, for the award of service connection for advanced keratoconus is granted.

The Board has remanded the case due to the need for clarification and further development of information regarding the Veteran's expenses, the appellant's income, and payment of child support.

The Veteran's claim for an increased evaluation for spondylolisthesis, L5, with degenerative changes is being remanded due to the need for additional medical records and examination.

The Board has ordered the RO to obtain all records regarding the circumstances leading to the appellant's administrative discharge under other than honorable conditions in lieu of trial by court martial, as well as the nature of such court martial. The appeal will be remanded for further development and readjudication.

The Veteran's eligibility for educational assistance under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill) is denied due to his 'Under Honorable Conditions (General)' discharge from service.

The VA denied the appellant's claim for Dependents Educational Assistance (DEA) benefits because her enrollment at the University of Phoenix Online Campus did not apply towards her approved program at Bakersfield College.

The Board denied an earlier effective date for the grant of service connection for ALS with loss of use of both hands and feet, finding that the earliest possible effective date is September 23, 2008 due to the liberalizing legislation establishing a presumptive service connection for ALS.

The Board has determined that the Veteran's non-Hodgkin's lymphoma is proximately due to his service-connected tuberculosis, and therefore grants secondary service connection for this condition.

The Veteran's claim for service connection for deep vein thrombosis (DVT) of the right lower extremity, which he claims is related to his service-connected right foot injury, has been remanded due to inadequate medical opinions and further development is needed.

The Veteran's appeal is remanded for additional development of the evidence, including a new VA examination to evaluate his service-connected syncope due to subdural hematoma. The claim will be readjudicated following completion of this development.

The Veteran's military service from May 2001 to March 2005 does not qualify him for eligibility in the Post-9/11 GI Bill education benefits due to his obligated period of service as a US Naval Academy graduate. The Board finds that he is not entitled to any educational assistance under this program.

The Board has determined that the Veteran does not have any current residuals of a head injury incurred or aggravated during active duty service, and therefore denied his claim for service connection.

The Veteran's claim for special monthly compensation on account of being housebound has been granted, effective June 19, 2010. The claim for a temporary total disability evaluation based on convalescence from the repeated removal of a wart from the right third finger is also granted.

The Veteran's service-connected residuals of fracture of the right clavicle are currently rated at 10 percent, which is the maximum schedular rating available under DC 5203. The disability has been granted but no higher due to lack of evidence showing dislocation or nonunion with loose movement.

The Veteran's benign tumor of the right leg was found to have pre-existed service and was aggravated by active duty. The Board granted his claim for service connection.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disability prior to October 23, 2008, as his service-connected residuals of closed head injury did not meet the schedular criteria for a TDIU.