Other conditions decisions — 2014

The Veteran's appeal has been dismissed as he requested the dismissal of his case prior to a decision being made.

The Veteran's claim for service connection for a respiratory disability, including exposure to asbestos, smoke and other hazardous fumes during service, is being remanded due to the need for an adequate VA examination.

The Board finds that the Veteran's current right leg hamstring disability is related to an injury he experienced in service, and grants service connection for this condition.

The Veteran's claims for increased ratings for residuals of a GSW to the right thigh were granted, with an effective date of September 19, 1983. The claim for SMC from January 14, 1992, to August 4, 1999 was also granted.

The Veteran's claim for service connection for osteoporosis, to include as secondary to asbestos exposure, is being remanded due to the need for a VA examination and further development of the record.

The Board has granted a 50 percent rating for encephalalgia from June 1, 2004, finding that the Veteran's very frequent, completely prostrating and prolonged attacks of migraine headaches are productive of severe economic inadaptability.

The Veteran's left ankle disability, including his knee, is rated at 30 percent due to marked limitation of motion. The claim for TDIU was denied as the Veteran can be employed despite his service-connected disabilities.

The Board found that the Veteran was reasonably discharging his responsibility for supporting his child, and there was no undue financial hardship to warrant special apportionment of VA benefits. The apportionment in favor of the child's custodian was therefore denied.

The Board found no evidence of a current diagnosis for the Veteran's claimed sleep disorder or skin condition, and thus denied both claims.

The Veteran's service-connected varicose veins of the right and left legs are currently rated as noncompensable prior to May 26, 2011, and a 10 percent rating thereafter. The Veteran is granted an increased rating for her right leg varicose veins.,For her left leg varicose veins, the Veteran's service-connected condition remains at a noncompensable rating prior to July 9, 2007, with a 10 percent rating thereafter.

The Veteran's claim for a disability rating in excess of 20 percent for degenerative hypertrophic change at C4-5 was denied. The claims to reopen service connection for a pinched nerve, neck and collarbone, and tingling forearm were also denied.

The Board has determined that the Veteran's left hip arthritis, which developed post-surgery, is related to his active service. The disability was granted as a direct result of service.

The Veteran's appeal is being remanded for additional development, including verification of service in Vietnam and the Philippines, clarification of his theories of entitlement to service connection, and a VA examination to determine the nature and likely etiology of any current respiratory disorder.

The Veteran's left leg disability is secondary to his service-connected shingles (herpes zoster) with right L5 never root dysfunction, but the Board finds that there is a lack of clear and unmistakable evidence to deny this claim. The Veteran also has an issue regarding eligibility for an automobile and/or specially adapted equipment due to his service-connected disabilities.

The Veteran's claim for nonservice-connected pension benefits was denied as he did not meet the service requirements due to his active duty being during peacetime and not a period of war. The Board found that the eligibility requirements are constitutional.

The Board has remanded the case due to a lack of service treatment records and an inability to determine if the Veteran had exposure to ionizing radiation. The appellant is seeking service connection for the cause of the Veteran's death, which may be related to his brain tumor.

The Board has determined that the Veteran's myocardial infarction residuals with congestive heart failure were not incurred in, due to or aggravated by service. Therefore, the claim for service connection is denied.

The Veteran is not entitled to an increased rate of educational assistance benefits for the interval period between his fall 2010 and spring 2011 semesters.

The Veteran's service period does not qualify him for basic eligibility for nonservice-connected pension benefits due to the nature of his service.

The Veteran's claim for initial compensable ratings for residuals of an injury to the right ring and little fingers, as well as a separate rating for a chronic nail bed injury with nail deformity and pain near a well-healed incision on the ulnar aspect of the right ring finger, was granted. The Veteran is now rated at 10% for each condition.