Other conditions decisions — 2014

The Board finds the Veteran is legally ineligible for educational assistance benefits under Chapter 33, Title 38 of the United States Code (Post-9/11 GI Bill) due to a lack of active duty service.

The Board denied the Veteran's claim for retroactive termination of educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill) effective May 19, 2011, finding that she was not entitled to benefits beyond her completion date.

The appellant's service does not qualify him for nonservice-connected disability pension benefits.

The Veteran's right fifth metacarpal fracture is currently manifested by complaints of pain and some limitation of motion. The Board finds that the disability does not warrant a compensable rating as there is no evidence of ankylosis or amputation.

The Board has determined that the Veteran does not have a currently diagnosed laceration of the knuckle of the right hand or residuals thereof, and his sinusitis is not related to service. The preexisting bilateral pes cavus did not undergo an increase in severity during active service, and there is no indication that the left eye convergence disorder underwent an increase in severity during service.

The Veteran's squamous cell carcinoma of the oropharynx, which required a partial palatectomy, is found to be at least as likely as not related to his presumed exposure to Agent Orange during service.

The Board has determined that the Veteran's epididymitis is related to his active duty service and grants service connection for this condition.

The Veteran's appeal has been withdrawn, and the Board dismisses the case.

The Board has remanded the Veteran's claims for additional evidentiary development, including a VA examination to determine if he has current skin conditions related to service and whether these conditions are at least as likely as not caused by his military service.

The Board has granted a 10 percent disability rating for the service-connected L-1 compression fracture, effective December 29, 2004. The Veteran's pain and functional impairment have been considered in determining this rating.

The Board found that the Veteran's heart murmur is not indicative of a heart disability and denied his claim for service connection.

The Veteran has been granted service connection for arthritis of the back, which is considered a direct service connection as there was no evidence of in-service injury or disease.

The Veteran's neurological impairment of the lower extremities is found to be secondary to his service-connected low back disability. The claim for SMC and TDIU are also addressed as they are inextricably intertwined with the service connection claim.

The Board has granted a 30 percent rating for the Veteran's numbness of the fifth cranial nerve on the right side of his face, but denied an increased rating. The TDIU claim prior to April 8, 2009 is also granted.

The Board found that the Veteran's respiratory disorder was not incurred in or aggravated by his military service and denied both claims.

The Veteran's skin disorders other than furunculous had their onset in service and the Board finds that service connection for these conditions is warranted.

The service-connected COPD is found to have contributed substantially or materially in causing the Veteran's death from metastatic small cell carcinoma of the lung.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death, including as a result of exposure to ionizing radiation. The cause of death was listed as colon cancer, which was not shown to be related to service or service-connected conditions.

The Board has determined that the Veteran's current right foot disability is at least as likely as not related to his in-service injury, and service connection for residuals of a right foot injury is granted.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and conducting a VA examination to assess the severity of his thoracic spine disability. The issues on appeal include an increased evaluation for his service-connected thoracic spine disability, as well as service connection for a lumbar spine disorder and TDIU.