Other conditions decisions — 2014

The Veteran's service-connected disabilities, including pituitary adenoma, tremors/incoordination of the right and left hand, decreased vision in the left eye, and convulsive disorder, have rendered him unable to secure or follow a substantially gainful occupation.

The Board has determined that further development is needed to determine the Veteran's income and medical expenses, which are relevant to his pension benefits. The claim will be remanded for this purpose.

The Board finds that the Veteran's current back disability is not attributable to his active service and therefore denied his claim for service connection.

The Veteran's request for educational assistance under the Post-9/11 GI Bill was denied because he enrolled in two distance learning courses, which are considered independent study and not approved by VA regulations.

The Veteran's right hip bursitis is manifested by pain on motion, with limited extension and abduction. The current rating of 10% adequately reflects the severity of her disability.

The Board has remanded the case for additional development, including obtaining VA and private treatment records related to the Veteran's right eye disability. The TDIU issue is also being addressed.

The Board found that the Veteran's current right and left eye disabilities were not incurred in or aggravated by service, as they predated his military service and are unrelated to any events during service.

The claimant is requesting a hearing before a Veterans Law Judge, but has requested to have the hearing conducted via videoconference. The Board has decided to reschedule the appellant for such a hearing at her local RO (Birmingham, Alabama).

The Board has vacated its previous decision and remanded the case for further development to determine the correct amount of recoupment based on after-tax dollars.

The appeal is being remanded due to missing VA treatment records. The Veteran's claim for TDIU remains pending.

The Veteran's claim for service connection for a respiratory/pulmonary breathing condition, to include as secondary to in-service asbestos exposure, was denied by the Board of Veterans' Appeals.

The Veteran's service-connected otitis media with perforated eardrum of the right ear is rated at 10 percent since May 22, 2008.

The Veteran's cerebral ataxia, manifested by unsteady gait and impaired coordination, has been rated as 20 percent disabling since November 16, 2000. The rating for right knee instability and arthritis, and the rating for right knee scar have not yet been assigned effective dates.

The Veteran withdrew his appeal for increased ratings of his service-connected eye and nasal conditions.

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

The Veteran's appeal for specially adapted housing was dismissed due to his death.

The Board has determined that the Veteran's Idiopathic Pulmonary Fibrosis (IPF) is related to his active service, specifically his exposure to Agent Orange in Vietnam. As such, the claim for service connection for IPF due to herbicide exposure is granted.

The Board has determined that the appellant is eligible for VA death pension benefits effective July 1, 2007, based on her timely submission of a claim within one year after the Veteran's death in July 2007.

The Board found that the Veteran's right breast cancer did not have onset during active service, was not caused by his active service, and therefore denied his claim for service connection.

The Veteran's oropharyngeal carcinoma, which was the cause of his death, is found to be service-connected as it is not a respiratory cancer and there is no evidence linking it to Agent Orange exposure. As a result, the appellant's claim for DIC benefits under 38 U.S.C.A. § 1151 is rendered moot.