Other conditions decisions — 2013

The Board has remanded the Veteran's claims due to the need for further development, including obtaining VA treatment records and scheduling examinations.

The Veteran's claim for an increased evaluation for her service-connected residuals of a stress fracture of the pelvis is being remanded due to the need for further examination and opinion regarding the current severity of her disability, including identifying any specific residuals from the original injury. The low back disorder secondary to the pelvic disability was denied in the May 2009 rating decision.

The Veteran's appeal is being remanded for additional development, including obtaining private dental records and scheduling a VA examination to determine the nature and etiology of any jaw disability, including an anterior open bite. The claims will be readjudicated after this development.

The Veteran's claim for higher SMC based on the need for regular aid and attendance was denied as he does not qualify for any of the available rates under VA regulations.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Veteran's claim for Chapter 1606 educational assistance benefits is being remanded due to the need for clarification regarding his eligibility period and whether he needed to apply within the 14-year period or attend school within that period.

The Board has remanded the case to allow for a video conference hearing and to address the issues of reopening the claim for service connection for a respiratory disorder and entitlement to service connection for a left eye disorder.

The VA denied the Veteran's claim for compensation under 38 U.S.C. § 1151 as his right femur periprosthetic fracture was not caused by negligence or carelessness on the part of VA in providing treatment.

The Veteran seeks service connection for squamous cell carcinoma of the head and neck, which he claims is due to his exposure to Agent Orange during his military service in Vietnam. The Board has determined that further development is needed to determine if the cancer is related to his service.

The Board has determined that the termination of additional compensation for A&A benefits was proper and denied any legal entitlement to a higher rate of DIC based on A&A.

The Veteran withdrew his appeal on the claim for a rating higher than 20 percent for spondylolisthesis with spondylosis and fusion of L4-L5 and L5-S1 before January 6, 2011, and a rating higher than 40 percent from January 6, 2011.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities has been dismissed because the Veteran died during the pendency of his appeal.

The Veteran was granted service connection for non-Hodgkin's lymphoma due to presumed exposure to Agent Orange during his service in Thailand.

The Veteran's eligibility for Chapter 30 education benefits was denied because she did not use her benefits within the 10-year period and did not request an extension of that period. The Board found no exceptions to extend her eligibility.

The Board found that the Veteran's eye disabilities, including presbyopia, myopia, and astigmatism, are not service-connected as they are considered refractive errors. The earliest clinical evidence of these conditions is more than two decades after separation from service.

The Veteran's residuals of a right inguinal herniorrhaphy include abdominal pain and recurrent hernia. Post-operative recurrent hernia, or an unoperated irremediable hernia, not well supported by a truss or not readily reducible, has not been shown.

The Board denied the appellant's claim of entitlement to service connection for the cause of the Veteran's death due to diffuse large cell lymphoma, finding that there was no evidence linking the condition to service or any service-connected disability.

The Board has determined that a 10 percent disability evaluation is warranted as of March 21, 2012 for the postoperative residuals of an oral fistula to the maxillary sinus due to limited temporomandibular articulation. Prior to this date, there is no evidence of compensable disability.

The Veteran's left and right calcaneal and tibial stress fractures with traumatic arthritis and heel spur have been rated at 20 percent since February 8, 2012.

The Veteran was granted service connection for thrombophlebitis of the right leg with an effective date set at April 30, 1974. The claim was filed on April 30, 1974 and denied in a prior July 1974 rating decision.