Other conditions decisions — 2014

The appellant's appeal has been withdrawn, and his case is dismissed.

The Board has determined that the appellant is not entitled to more than 21 months of Post-9/11 GI Bill educational benefits due to a prior VEAP benefit, and thus denied his claim.

The Board has determined that the Veteran's cause of death was due to Moyamoya disease, which had its onset during his active service. As such, the claim for service connection for the cause of the Veteran's death is granted.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's claim of entitlement to service connection for Guillain-Barre syndrome will be reconsidered based on the new evidence.

The Veteran's cause of death, carcinomatosis due to or as a consequence of carcinoma of the esophagus, is not service-connected and there is no evidence linking it to herbicide exposure during service.

The Board has determined that the Veteran's left eye disability is not due to VA carelessness, negligence, or similar fault. The complication was a foreseeable event.

The Veteran's service-connected hidradenitis suppurativa is currently rated at 10 percent, and the issues of entitlement to higher initial disability ratings for both conditions have been denied.

The Veteran's prostatitis disability is currently rated at 40 percent, and the evidence does not support a higher rating based on voiding dysfunction or urinary tract infection.

The Board has determined that a disability rating of 10 percent for the facial tic, right side, prior to August 16, 2011, and in excess of 30 percent thereafter is warranted. For the period beginning August 16, 2011, the Veteran's residuals of fractured maxillary sinus wall with nerve damage to the right side of the face are rated at 30 percent.

The Board denied the appellant's appeal because his notice of disagreement (NOD) was not timely filed within one year of the September 2011 RO decision.

The Board has determined that the Veteran's left knee disability, diagnosed as patellofemoral syndrome and degenerative joint disease, is related to service. The claim for service connection is granted.

The Board denied an increase for the Veteran's right and left knee disabilities, finding that the evidence did not meet the criteria for a higher disability rating.

The Veteran's claim for an increased rating for his left femur fracture with three-quarter inch shortening was denied. The Board found that the evidence did not support a higher rating under Diagnostic Code 5255, as it only provides ratings based on knee or hip disability and does not differentiate between knee or hip impairment.

The Veteran's service connection claim for residuals of an Achilles tendon injury has been denied. The issue of entitlement to service connection for breathing problems is pending and will be addressed further.

The Board has not addressed the Veteran's claim for a separate rating for bowel and bladder impairment related to his service-connected low back disability. The TDIU issue is also pending.

The Board has determined that the Veteran's narcolepsy had its onset during service and granted entitlement to service connection.

The Veteran's service-connected bilateral lower extremity disabilities have been rated as severe (40 percent) since December 17, 2004. The VA has determined that the current ratings adequately reflect the severity of his conditions.

The Board found that the Veteran's bilateral eye disorder resulted from his heart surgery, but did not result from VA error or fault. The claim for compensation under 38 U.S.C.A. § 1151 was denied.

The Board found that the Veteran's current pulmonary disability is not related to service, including exposure to asbestos or carbon tetrachloride. The claim for service connection was denied.

The August 1987 rating decision denying an increased evaluation for service-connected resection of the small intestine is upheld as there was no clear and unmistakable error. The Veteran's claim for a TDIU prior to January 27, 2004 remains denied.