Other conditions decisions — 2014

The Veteran's claim for a disability rating in excess of 20 percent for postoperative left medial epicondylectomy with ulnar nerve entrapment prior to December 16, 2008 was denied. The claim for an increased rating for the condition from that date forward is also denied.

The Veteran's cancer of the larynx, status post radiation therapy and right vertical hemilaryngectomy, is manifested by an inability to speak above a whisper since June 19, 2012. His stenosis of the larynx resulting in respiratory difficulty as residual of cancer of the larynx, status post radiation therapy and right vertical hemilaryngectomy, has been rated at 60 percent since May 23, 2014.

The Board has remanded the case for further development, including obtaining a new VA examination to determine whether the Veteran's residuals of right wrist fracture with traumatic arthritis aggravated his arthritis of the bilateral hands.

The Board found no evidence of arthritis or joint disease during service and the weight of the evidence is against a finding that any current arthritis or degenerative joint disorder had its onset in or is otherwise attributable to active service.

The Board has determined that the Veteran's current right hip disorder is not linked to service, including by medical evidence or persistent and recurrent complaints since an in-service injury. The claim for service connection is denied.

The Board has granted the Veteran's claim to reopen his skin disability claim and found that new evidence supports a finding of a current skin disability. However, the Board denied service connection for the skin disability as there is no competent medical evidence linking it to service.

The VA medical treatment from June 22, 2006 to July [redacted], 2006 is found to be the actual and proximate cause of the Veteran's death due to sepsis caused by immunosuppression and desquamative interstitial pneumonia. As a result, DIC benefits under 38 U.S.C.A. § 1151 are granted.

The Board denied the Veteran's claim for an earlier effective date for dependency allowance benefits due to his children, finding that he did not properly notify VA of their births within one year as required by law. The earliest possible effective date is June 1, 2009.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining medical records and scheduling a VA examination for his right knee scar. The case will be remanded for further action.

The Board has determined that the Veteran's death was caused by his service-connected epidermoid tonsillar carcinoma, which may or may not have arisen in the respiratory tract. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Board has found that the Veteran is not competent to handle the disbursement of VA monetary benefits. The case is being remanded for further evaluation.

The Veteran's claim for service connection for a mood disorder was granted with an effective date of March 31, 2010.

The Board has determined that there is no evidence to support service connection for a balance disorder or ear disease, as these conditions did not manifest during service or within one year thereafter and are not related to any in-service disease or injury. The Veteran's current symptoms do not meet the criteria for service connection.

The appellant is not recognized as the surviving spouse of the Veteran for VA benefits purposes.

The Board denied the appellant's request to extend her $250 monthly supplemental payment for her child under 38 U.S.C.A. § 1311(f) beyond the two-year period already paid, as such extension is not authorized by law.

The Veteran's overpayment of $8,550 in VA pension benefits was waived due to the appellant's financial hardship and lack of fault in creating the debt.

The Board has determined that additional development is needed to properly adjudicate the claim, including obtaining information about the Veteran's employment history and any potential asbestos exposure. The case will be returned for further action.

The Board determined that the original July 2010 award of service connection for the cause of the Veteran's death based on his ALS condition involved clear and unmistakable error due to incorrect application of the relevant statutory and regulatory provisions, specifically regarding the requirement of active duty service. As a result, the appeal is denied.

The Board finds that the termination of Post-9/11 GI Bill education benefits for the Marine Interdiction Agent on-the-job training was improper and restores the benefits.

The Veteran's claim for service connection for a disorder manifested by whole body vibrations is denied as there is no evidence of current disability. The claim for TDIU is granted due to the combined rating of his service-connected disabilities being less than total.