Other conditions decisions — 2013

The Veteran's claim for service connection for periodontal disease, which is claimed as secondary to diabetes mellitus, has been remanded due to the need for a determination of basic eligibility under VA regulations.

The Board has determined that the Veteran's dyspareunia is related to her service-connected intervertebral disc syndrome, and thus grants her claim for service connection.

The Veteran withdrew his appeals for the issues of service connection for bilateral torn cartilage and tendons of the lower legs, and nonservice-connected pension. The appeal is dismissed.

The Board found that the appellant's discharge from active military service was under dishonorable conditions due to misconduct and unauthorized absences, thus barring VA benefits except for Chapter 17 of Title 38 U.S.C.

The Board has determined that the Veteran's death was not caused by or substantially contributed to by a disability incurred in or aggravated by his active duty service, as there is no evidence of record linking any disabilities to his military service.

The Board has denied the Veteran's claim for an effective date earlier than June 14, 2006 for the grant of a total disability rating based on individual unemployability (TDIU). The evidence did not show that the Veteran was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities prior to June 14, 2006.

The Board denied the Veteran's claim for service connection for myasthenia gravis, finding that it did not meet the criteria based on presumed exposure to herbicides and that there was no evidence of a nexus between his current condition and his military service.

The Veteran seeks service connection for residuals of broken toes on his right foot. The Board has determined that a VA examination is needed to address the etiology of any current disability involving the right foot/toes, and whether it is related to an in-service injury.

The Veteran seeks service connection for a left hip disorder that she attributes to her service-connected low back disability. The Board has determined that an examination is needed to determine the relationship between the left hip disorder and the service-connected low back disability.

The Veteran's claim for service connection for residuals of a cold injury to the nose is granted as new and material evidence has been received.

The Veteran's request for educational assistance benefits under Chapter 30 (Montgomery GI Bill or MGIB) for an on-the-job training program with the Reynoldsburg Division of Police is denied. The overpayment of $3,258.51 was not properly created and the debt against the Veteran is not valid.

The Board has granted the appellant's claim for apportionment of the Veteran's VA benefits on behalf of their four minor children prior to their eighteenth birthdays, finding that it is warranted due to the Veteran not reasonably discharging his responsibility for support and since the children do not reside with him.

The Veteran's service-connected right bicep strain, tendonitis, and partial tear of biceps tendon results in painful but noncompensable limitation of motion even when considering functional impairment on use of the affected joint. The criteria for an initial rating greater than 10 percent have not been met.

The Board has determined that the appellant's net worth is excessive for receiving nonservice-connected VA death pension benefits, and thus denied her claim.

The Veteran withdrew his appeal on the issue of educational assistance under Chapter 33, Title 38, United States Code (Post 9/11 GI Bill). As a result, the Board dismissed the appeal.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including in the recognized guerrillas, in the service of the United States Armed Forces during World War II. Therefore, he is not eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's request for service connection for polycystic ovarian syndrome is remanded due to the need for a Travel Board hearing.

The Veteran's appeal is remanded for scheduling a videoconference hearing before the Board of Veterans' Appeals.

The Veteran is seeking an earlier effective date for the assignment of a 60 percent disability rating for service-connected left claw hand and for the grant of special monthly compensation (SMC) for loss of use of his left hand. The Board has determined that the criteria for these effective dates have not been met.,Records prior to August 26, 2009 did not show a disability picture that approximated the criteria for a 60 percent rating or for loss of use of the left hand.

The Veteran's claim for an increased evaluation for his chronic gastrointestinal disability is being remanded due to the need for a new VA examination and consideration of whether late dumping syndrome should be tested.