Other conditions decisions — 2014

The Board found that the appellant rendered assistance to an enemy of the United States, specifically the Japanese-controlled Bureau of Constabulary (BC), and thus forfeited all accrued or future VA benefits.

The Veteran's claim for service connection for residuals of a stroke is being remanded due to the need for clarification regarding whether he has experienced any residual symptoms from his stroke during the pendency of the appeal.

The Veteran's claims for increased evaluations for mid-back strain and right pelvic stress fracture are being remanded due to the need for additional development, including VA examinations.

The Board has determined that the appellant's claim for retroactive Dependents Educational Assistance (DEA) benefits was timely filed within one year of the notice of the March 2, 2010 rating decision granting the Veteran's TDIU. As a result, the appellant is entitled to retroactive DEA benefits from April 28, 2004.

The Board found that the Veteran's right eye disabilities, including trace nuclear sclerosis, refractive error, posterior vitreous degeneration, and trace epiretinal membrane, were not caused or aggravated by his service-connected enucleated left eye. The appeal was denied.

The Veteran's claim for nonservice-connected VA pension benefits was denied as he did not have qualifying service during a recognized period of war, and thus does not meet the basic eligibility criteria.

The Board has determined that the Veteran is entitled to service connection for residuals of a cold injury, as his symptoms are related to exposure to cold weather during service.

The Veteran's tonsillar cancer is found to be related to his in-service exposure to Agent Orange, warranting service connection.

The Board has determined that the Veteran does not have residuals of bruxism or chronic upper respiratory infections that are service-connected. The evidence is evenly split, with some VA and private medical opinions suggesting a link to military service but others finding no such connection.

The Veteran's cognitive disorder is not related to his military service, including an in-service head injury; and it is not related to a service-connected disability including posttraumatic stress disorder (PTSD) with major depression.

The Board finds that the Veteran's current right elbow disability is not related to his military service, and thus denies his claim for service connection.

The Board has determined that new and material evidence has been received to reopen the claim for service connection of pharyngeal cancer with metastasis, which is presumed due to in-service exposure to herbicides. The Veteran's claim is granted.

The Veteran's appeal is being remanded due to the need for additional development of his claims, including obtaining a VA examination and medical opinions regarding the etiology of his transient ischemic attacks and whether he is unemployable due to service-connected disabilities.

The Board denied the appellant's claim for recognition as an eligible claimant for VA benefits due to her divorce from the Veteran at the time of his death, and thus did not meet the legal criteria for DIC or accrued benefits.

The Board has remanded the case due to inadequate examination and needs further development before deciding the service connection claims for bilateral otitis media and bilateral otitis externa.

The Veteran's breast cancer and residuals are now granted, effective from December 19, 2005. The initial rating of 100% is assigned for the period from December 19, 2005 to February 1, 2007.

The Board has determined that the Veteran's benign prostatic hypertrophy/voiding dysfunction is not related to service or any service-connected disability, including diabetes mellitus. Therefore, the claim for service connection is denied.

The Veteran's left elbow disability, involving Muscle Group VI, has been manifested by limitation of elbow motion with evidence of in-service treatment for a left humerus fracture. The disability causes no more than moderately severe impairment and does not warrant an increased rating.

The Veteran's unauthorized medical expenses for a nonservice-connected condition on April 24, 2009 at the Capital Regional Medical Center are granted.

The Board has reopened the Veteran's claim for service connection for involuntary jerking and granted it, finding that new evidence supports a link to service.