Other conditions decisions — 2014

The Veteran's appeal is being remanded for referral to the Director, Compensation and Pension Service, for extraschedular consideration of both his increased rating claim and TDIU claim.

The Board has determined that a lung disorder was not incurred in or aggravated by active service and denied the claim.

The Board has remanded the case due to unresolved issues regarding the appellant's judicial challenge to her divorce decree and a determination of widow's benefits from SSA. The appeal is now pending again.

The Veteran's bladder/urethral cancer was determined to have originated in service, with reasonable doubt resolved in favor of the Veteran.

The Board has determined that the Veteran's HIV-related illness was incurred during active service and grants entitlement to service connection.

The Veteran's right leg length discrepancy is manifested by shortening of less than 1 and 1/4 to 2 inches (3.2 cms to 5.1 cms), which does not meet the criteria for a compensable rating under Diagnostic Code 5275.

The Veteran's claims for higher initial ratings for his service-connected right and left elbow epicondylitis with strain and tendonitis were granted. The claim for an increased rating for the generalized anxiety disorder was also granted, but only up to a 50 percent disability rating prior to August 24, 2011.

The Veteran's squamous cell carcinoma of the oropharynx is not shown to be related to his service, including presumed exposure to herbicides in Vietnam. The cancer was first diagnosed over 40 years after separation from service and there is no credible evidence linking it to his military service.

The Veteran's appeal is denied as he did not meet the eligibility requirements for educational assistance benefits under Chapter 30 (MGIB) or Chapter 33 (Post-9/11 GI Bill Program).

The Veteran's appeal for special monthly pension based on the need for aid and attendance or housebound status has been dismissed as the issue is moot since the benefit sought on appeal (SMP) has already been granted.

The Board has determined that further development is needed to verify the appellant's spouse's military service, and thus the case is being remanded for this purpose.

The appellant is not entitled to apportionment of the Veteran's VA benefits as a matter of law due to her divorce from the Veteran prior to filing the claim.

The Veteran's son has been diagnosed with hydrocephalus, which is not considered a form of spina bifida. The appellant's mother was not a Vietnam veteran, thus the claims for benefits under 38 U.S.C.A. § 1805 and § 1815 are denied.

The appellant's claim for accrued benefits totaling $4,224.00 due and payable to the deceased Veteran's widow pending an incompetency decision was denied by the Board of Veterans' Appeals.

The Veteran was granted a TDIU effective September 29, 2009. The Board found that an earlier effective date is not warranted because the evidence did not show he became unemployable due to service-connected disabilities within one year prior to his claim for increased disability rating.

The Board has remanded the case due to a need for additional development, including obtaining medical records and scheduling an examination. The Veteran's claim will be reconsidered after these actions.

The Veteran is granted basic eligibility for educational assistance under the post-9/11 GI Bill, but his claims for National Call to Service Program and Montgomery GI Bill benefits are denied.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional evidence, including a new VA examination.

The Veteran's current right hand disorders were not incurred in or aggravated by service, as there is no credible evidence of an in-service injury and the preponderance of the evidence shows that his current conditions are related to a previous fracture.

The Veteran seeks service connection for gastrointestinal disability, to include as a qualifying chronic disability under 38 C.F.R. � 3.317 due to his service in the Persian Gulf. The case is REMANDED for further development and consideration.