Other conditions decisions — 2013

The Board has determined that the Veteran's lung disability, specifically bronchiolitis obliterans, began during his period of active duty for training in July and August 2007. The eye disability, specifically epiretinal membrane of the bilateral eyes, also began during his period of active duty for training in June 2004.,The Board granted service connection for both lung disability and eye disability as they are found to have originated during periods of active duty for training.

The Veteran's dental disability is not service-connected as his teeth were extracted shortly after discharge due to a gum disease that developed during service. His bilateral hearing loss and tinnitus are also not service-connected.

The Veteran's claim for an initial compensable disability rating for residuals of a shrapnel injury to the right hand with retained metallic foreign objects has been granted, and he is currently rated at 10 percent.

The Veteran's appeal for a total rating based on individual unemployability due to service-connected disability has been withdrawn, resulting in the dismissal of the appeal.

The Veteran's claims for higher ratings for his foot conditions and posttraumatic stress disorder were denied. The maximum schedular ratings under applicable diagnostic codes have been assigned.

The Board has found the appellant eligible for a direct payment of fees of $1,014.22 under 38 C.F.R. § 14.636 for his representation of the Veteran regarding the award of benefits in the February 2012 rating decision. However, VA was to withhold an assessment of $50.71 from the fees, resulting in a net payment of $963.51. The appellant disagrees with this decision and has filed a Notice of Disagreement (NOD).

The Veteran's claim for a higher rating for his service-connected right knee disability is being remanded due to inadequate analysis of functional impairment and the need for additional examination.

The Veteran's appeal is denied as there is no current diagnosed left foot disability other than the service-connected status post corn removal of the left fifth toe. The claims for increased ratings and TDIU are also denied.

The Veteran's appeal is remanded due to the need for additional VA examination and development of his claims, including obtaining relevant medical records.

The Veteran's claims for service connection for stomach disorder, muscle disorder, blood in the colon, and a disorder manifested by leg cramps due to undiagnosed illness were denied.

The Board denied the Veteran's claims for service connection for bilateral knee disability and right wrist disability, as well as her request for an initial higher rating for degenerative disc disease of the lumbar spine. The VA examiner concluded that there was no nexus between the current patellofemoral syndrome and service due to lack of in-service complaints and symmetric involvement suggesting a genetic component.

The Veteran's additional disability, including a macular hole and phototoxicity in his left eye, is caused by the April 7, 2005 cataract surgery. Although VA exercised proper care before, during, and after the procedure, the proximate cause of these complications was not reasonably foreseeable.

The Board found that the Veteran's bilateral hallux valgus deformities were not related to her service-connected limitation of motion of the left second metatarsal, and denied her claim.

The Board found that the Veteran's metastatic sinus cancer was not caused by any incident of service and was not manifested to a compensable degree within one year following separation from service. The evidence did not establish that a service-connected disability caused or contributed materially or substantially to the Veteran's death, nor that the cause of death is otherwise related to service.

The Veteran is seeking a compensable initial evaluation for tympanic membrane perforation. The case is REMANDED to the RO for compliance with VA's duty to assist and scheduling of a new VA examination.

The Veteran's gout was not demonstrated during active duty service, and is not otherwise related to service. The Board finds that the criteria for service connection for gout have not been met.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of any identified skin disability.

The Veteran's death was attributed to metastatic bladder carcinoma, but the VA examiner concluded that his prostate cancer did not contribute substantially or materially to his demise. The Board finds this opinion more persuasive and denies service connection for both conditions.

The Veteran's claim for service connection for a dental disability, including extraction of right side upper and lower teeth, is denied as there is no indication that he incurred any trauma or disease during service requiring tooth extraction.

The Veteran has no legal entitlement to additional VA educational assistance benefits under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill) due to his prior use of full-time entitlement under another program. The appeal is denied.