Other conditions decisions — 2014

The Board found that the appellant's July 6, 2010, substantive appeal was not timely filed and denied the claim.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA medical records and scheduling a VA examination.

The Veteran's claim is being remanded to the AMC for scheduling a Travel Board hearing at his local RO in Pittsburgh, Pennsylvania. The case will be returned to the Board after the scheduled hearing.

The Board denied the appellant's claim for retroactive Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code as her application was not submitted within one year of the August 2008 rating decision granting DEA based on cause of death.

The Board dismissed the appeal due to the death of the appellant, and thus has no jurisdiction to adjudicate the merits of this claim.

The Veteran's claim for a book stipend from August 23, 2010 to December 17, 2010 was denied as he was on active duty during the first day of enrollment at the University of Oklahoma.

The appeal has been dismissed due to the death of the appellant.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new examination to assess the current severity of his service-connected foot disabilities.

The Board has remanded the case due to new evidence received since the January 2010 statement of the case, including updated Improved Pension Eligibility Verification Report and Medical Expense Report. The issue is whether the Veteran's income was a bar to receiving nonservice-connected pension benefits with special monthly pension based on the need for aid and attendance.

The Board has remanded the case due to the need for additional medical opinions regarding the relationship between the Veteran's left hip disorder and his service-connected right knee disability, as well as other potential etiologies.

The Board has granted service connection for adenoid cystic carcinoma of the left maxillary sinus, finding that it is at least as likely as not related to the Veteran's exposure in Vietnam. The claim for an increased rating for PTSD remains pending.

The Board has determined that the Veteran's nerve damage of the bilateral legs is not a separate disability from his service-connected cervical spine disability, and thus he cannot be granted service connection for this condition.

The Board has determined that the appellant did not timely file a substantive appeal regarding her claim for VA death pension benefits, and thus the appeal is dismissed.

The Board found that the appellant's heart murmur and mitral valve regurgitation were present prior to service, did not increase in severity during service, and are unrelated to service. Therefore, service connection for cardiovascular disease was denied.

The Board has determined that the claims for service connection for chronic pancreatitis and internal varices, both claimed as secondary to service-connected hypertension, need further clarification. The case is being remanded to obtain a supplemental medical opinion from an appropriate physician.

The Board found that the Veteran's complaints of numbness in his right and left lower extremities have not been associated with any underlying diagnoses and are not otherwise accompanied by objective indications of qualifying chronic disabilities. Therefore, service connection for these conditions was denied.

The Board finds that the Veteran's right tonsillar squamous cell carcinoma did not begin during his active duty service and is not presumed to have been caused by herbicide exposure in Vietnam. The evidence does not support a finding of continuous symptomatology prior to separation from service, nor does it establish a direct link between the cancer and military service.

The Veteran's service-connected avascular necrosis of the right hip, post-total hip arthroplasty, is rated at 30 percent since May 1, 2009. The Board finds no basis to grant a higher rating as his symptoms do not meet or approximate the criteria for a higher evaluation.

The Board has determined that the Veteran's current skin condition was not caused or aggravated by his active service, and therefore denied his claim for service connection.

The Board has determined that the Veteran's current low back disorder is not related to his service, and therefore denied his claim for service connection.