Other conditions decisions — 2013

The Board denied the appellant's claims for one-time payment from the FVEC Fund and for recognition of her child as a helpless child, finding that new and material evidence was not received to reopen either claim.

The Board found that the Veteran's Stage IV tonsillar cancer is not etiologically related to in-service herbicide exposure and denied his claim for service connection.

The Board has remanded the case due to incomplete records and a need for further development, including obtaining VA dental treatment records and state of New Hampshire medical records. The Veteran's claim for service connection for a dental disability for purposes of VA outpatient treatment is being referred to VHA for initial eligibility determination.

The Veteran's claim for an initial rating in excess of zero percent for a service-connected bilateral foot condition is being remanded due to the need for clarification regarding the usage of Oxistat, which may affect his eligibility for a higher rating.

The Board has remanded the case for additional development, including a VA examination to determine if any diagnosed heart disabilities are related to service.

The Veteran's cause of death was glioblastoma multiforme of the left temporal lobe, which is not service-connected. The Board found no evidence linking his service-connected conditions to his death.

The Veteran's unauthorized medical expenses incurred on June 16, 2004 for treatment of dizziness, abdominal pain, nausea, and vomiting were denied as the treatment was not rendered in a medical emergency that would have been hazardous to life or health if delayed.

The Veteran's claim for service connection for a dental disorder, specifically the removal of teeth 8 and 9 (front teeth), is denied as it does not meet the criteria for compensation due to lack of evidence showing trauma or disease such as osteomyelitis, osteoradionecrosis, loss, malunion, or limited motion of the mandible, maxilla, ramus, condyloid process, or hard palate, or loss of substance of the maxilla (upper jaw bone) or mandible.

The Board found no evidence that the lipoma on the Veteran's left lower extremity was incurred or aggravated by service, and thus denied the claim for service connection.

The Veteran's adenocarcinoma of the prostate is granted service connection as likely due to his presumed exposure to herbicides during active duty in Thailand.

The Board has determined that the appellant did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, they are not eligible for payment from the FVEC Fund.

The Veteran's claims for educational assistance under the Montgomery GI Bill (MGIB), Montgomery GI Bill Selected Reserve (MGIB-SR), and Reserve Educational Assistance Program (REAP) were denied due to insufficient active duty service.

The Veteran does not have a separate and distinct disability of the upper extremities manifested by arm and hand pain. His service-connected disabilities already include conditions affecting his arms and hands, such as residuals of a right shoulder separation, fractures of the left humerus and right radius, osteoarthritis of the right middle finger, and peripheral neuropathy in the lower extremities. Therefore, service connection for this condition cannot be granted.

The Veteran has withdrawn his appeal for an initial rating higher than 10 percent for the residuals of a cerebral vascular accident (CVA). As a result, the claim is dismissed.

The Veteran's partial tear of the supraspinatus tendon with tendonopathy and impingement of the left shoulder is currently rated at 10 percent, but does not meet the criteria for a higher evaluation.

The Board finds that a timely notice of disagreement was received with respect to the August 2006 RO rating decision denying service connection for the cause of the Veteran's death. The claim is remanded for issuance of a statement of the case.

The Board has determined that new and material evidence was received to reopen the claim for service connection for residuals of a back injury. However, after reviewing all available evidence, including VA and private medical records, the Veteran's current back disability is not related to his military service.

The Board denied the Veteran's claim for an earlier effective date prior to September 1, 2008, for dependency allowance for his daughter and February 1, 2009 for his spouse.

The Board has determined that the Veteran does not have any current residuals of a right eye injury related to his military service, and thus denied his claim for service connection.

The Board has remanded the case for further development due to missing service medical records and for a VA examination regarding the Veteran's claimed dental conditions.