Other conditions decisions — 2014

The Veteran withdrew his appeal regarding the service connection for benign prostatic hypertrophy, claimed as a prostate condition, to include as secondary to service-connected left knee arthritis.

The Veteran's claim for higher education benefits under the Post-9/11 GI Bill was denied as her creditable service period did not meet the requirement of at least 18 months, warranting a maximum payment rate of 60 percent.

The Board denied the Veteran's claims for service connection for a right leg condition, tinnitus, and bilateral hearing loss. The effective dates for these grants of service connection were determined to be June 7, 2010.

The Board has remanded the case due to conflicting information in the record regarding a May 1998 VEAP contribution and outstanding balance. The Veteran's service department and DFAS need to be contacted for additional documentation.

The Veteran's cause of death is attributed to his service-connected hypopharyngeal squamous cell carcinoma, which was presumed due to exposure to Agent Orange. Service connection for cancer of the larynx is also granted.

The Veteran withdrew his appeal regarding the issue of service connection for a bilateral foot condition.

The Board has determined that the appellant cannot be recognized as the surviving spouse of the Veteran for purposes of receiving VA death pension benefits due to her remarriage after the Veteran's death, which was not declared void or annulled by a court.

The Board has reopened the Veteran's claim for service connection for a left leg disorder, but further development is needed before the merits of the case can be addressed.

The Board found that the Veteran's rectal and colon cancer was not incurred in or aggravated by active service, including as due to ionizing radiation exposure or chemical exposure. The evidence did not support granting service connection for this condition.

The Veteran's service-connected corns of the feet have not been shown to be deep or superficial, painful on examination, unstable, or causing functional impairment. The current rating is therefore denied.

The Veteran's claim for service connection for colon cancer, claimed as secondary to exposure to herbicides (Agent Orange), was denied. The Board found that the Veteran does not have colon cancer that is the result of disease or injury incurred in or aggravated by active military service and it is not otherwise attributable to his military service.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for further review.

The Veteran's spur formation on the lateral aspect base of the right foot fifth metatarsal is considered to have started during his active military service and has been granted service connection.

The Veteran's unauthorized medical expenses for post-operative infection following an appendectomy on November 26, 2012 are approved as the conditions met all criteria for reimbursement under VA regulations.

The Board has remanded the issues of service connection for degenerative joint disease and numbness in the right hip, leg, and foot claimed as due to an undiagnosed illness. The Veteran's claims are being remanded for further development.

The Veteran's right thumb disability, manifested by mild degenerative joint disease, collateral ligament instability, and pain, is currently rated at 10 percent from November 3, 2005.

The Veteran's service-connected disabilities do not render him unemployable, as he has the educational and occupational experience to perform sedentary employment.

The Board denied the appellant's claim of entitlement to service connection for the cause of the Veteran's death in October 1980, finding no new and material evidence. The claim remains closed.,The Board also denied the appellant's claim of entitlement to DIC benefits under 38 U.S.C.A. § 1151 (formerly 38 U.S.C.A. § 351) in October 1980, finding no new and material evidence. The claim remains closed.

The Board has determined that a cartilage disorder was not incurred in or related to service, and is not proximately due to or aggravated by the service-connected post-operative bone tumor removal from the left tibia. The claim for service connection is therefore denied.

The Board has denied the request to reopen the appellant's character of discharge claim, finding that no new and material evidence was submitted.