Other conditions decisions — 2013

The Veteran seeks service connection for a right eye disability, but the claim is being remanded due to incomplete records and the need for an examination.

The Board found that the evidence did not show that the Veteran's death was caused by VA negligence or an event not reasonably foreseeable as a proximate result of such care, and therefore denied the claim for DIC benefits under 38 U.S.C.A. § 1151.

The Board has determined that there is no current diagnosis of a bilateral hip disorder and the Veteran's account of an in-service motorcycle accident is both competent and credible. The preponderance of evidence does not support service connection for a bilateral hip disorder.

The Veteran's dental disability, manifested by moderate to severe bone loss, gross decay, decreased ability to masticate and loss of teeth numbers 2, 3, 4, 5, 7, 8, 9, 10, 12, 13, 14, 15, 17, 18, 23, 25, 26, 29, 30, and 31, has not resulted in a loss of all upper or lower teeth on one side. The Veteran's masticatory surfaces could be restored by suitable prosthesis.

The Board has determined that the Veteran does not have a chronic right ear disability, other than hearing loss and tinnitus, manifested by nerve damage. Therefore, service connection for this condition is denied.

The Veteran does not have current disabilities of either hand, and her bilateral hand conditions are considered to be due to natural progression of osteoarthritis. The VA examiner found no evidence of carpal tunnel syndrome or other service-connected conditions aggravating the Veteran's hands.

The Board has granted an extension of the delimiting date for educational assistance for a period of disability between February 5, 2005, and August 8, 2008.

The Board denied the appellant's petition to reopen her claim for compensation under the provisions of 38 U.S.C.A. § 1151 for residuals of Legionella pneumonia, finding that new and material evidence was not received within one year following the Veteran's death.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining relevant medical records and providing a supplemental opinion regarding the relationship between his service-connected disability and any current low back disorder.

The Veteran's osteochondritis dessicans of the left ankle was granted a 10 percent disability rating effective July 6, 2007. The condition is currently rated as moderate in severity.

The Veteran's degenerative joint disease, L5-S1 has been granted a 40 percent disability rating.

The Veteran has no legal entitlement to additional VA educational assistance benefits under Chapter 33, beyond what he has already received. The law limits his entitlement to the amount of unused Chapter 30 benefits transferred to Chapter 33.

The Board has determined that the Veteran's varicocele and epididymitis are related to his service, granting him service connection for these conditions.

The Board has granted service connection for ankylosing spondylitis and uveitis, both secondary to the Veteran's service-connected osteomyelitis.

The Veteran's service-connected postoperative keratoconus of the left eye necessitated continued convalescence from February 1, 2007, to March 29, 2007. The extension of a temporary total rating is granted.

The Veteran's back disability is rated at 40 percent, effective July 18, 2012. His left eye iritis has been rated as 20 percent disabling since April 2, 2011.

The Veteran's appeal for a rating in excess of 10 percent for retropatellar pain syndrome with patella alta, right was dismissed as the Veteran withdrew his appeal prior to the Board's decision.

The Board found that the Veteran's duodenal ulcer disease during his second period of service was acute and transitory, resolving without residual disability. The current gastrointestinal symptoms are unrelated to military service.

The Veteran's claim for service connection for cold weather residuals of the bilateral feet is being remanded due to a lack of examination and incomplete medical records. The Board will attempt to obtain an updated VA treatment record, schedule the Veteran for an examination, and then readjudicate the issue.

The Veteran withdrew his appeal regarding the issue of service connection for gout during a hearing before the Board. The remaining issues are being remanded for further development.