Other conditions decisions — 2014

The Veteran seeks service connection for a dental disorder to obtain VA outpatient dental treatment. The case is being remanded due to the need for additional medical opinions regarding whether his service-connected sinusitis and/or left cheek cellulitis are aggravated by his missing teeth.

The Board finds that the Veteran's claim for an earlier effective date for aid and attendance allowance for his spouse is denied as no communication prior to March 17, 2011 can be reasonably construed as a claim. The RO received the Veteran's claim on March 17, 2011.

The Veteran's total disability rating was established after the Appellant reached the age of 26, making her ineligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35.

The Veteran's daughter seeks an effective date prior to September 1, 2010 for the grant of dependents education assistance (DEA) benefits under Chapter 35. The Board finds that the earliest possible commencing date is September 1, 2010, which is after one year from when the Veteran's permanent and total disability was established.

The Veteran's claim for education housing allowance from January 19, 2012, through May 11, 2012 is denied as he did not meet the required rate of pursuit to qualify for a monthly housing allowance.

The Board has determined that the Veteran's coccygeal pilonidal cyst, with reoccurring infections, is a congenital defect subjected to a superimposed injury during service. Therefore, the claim for service connection is granted.

The appellant seeks to obtain Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code. The case is being remanded for additional development and consideration of whether there were circumstances beyond the appellant's control that justify extending her delimiting date.

The Board finds that the Veteran's current eye disorders are not related to his period of active service and do not have a direct connection to his service-connected allergic rhinitis.

The Board granted service connection for the Veteran's neurological symptoms of the lower extremities, finding that they are due to an undiagnosed illness incurred in active service.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need to obtain consent forms for the January 2004 surgery and to determine if the Veteran has any additional disability resulting from that procedure.

The Board has granted a 10 percent rating for the Veteran's service-connected left great toenail disorder, finding that it causes moderate impairment in his left foot due to painful walking and development of calluses on his heel.

The Veteran's paralysis of his right upper and lower extremities is considered to be a result of the May 2004 VA left carotid endarterectomy, which was caused by VA's carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault.

The Board has determined that the earliest date upon which it is factually ascertainable that the Veteran was in need of the regular aid and attendance of another was February 26, 2010. Therefore, an effective date of February 26, 2010 for the award of special monthly pension based on the need for aid and attendance is granted.

The Veteran's claim for an increased rating in excess of 30 percent for the service-connected residuals of a shrapnel wound to the left thigh involving Muscle Group XIII, with a retained foreign body is being remanded due to inadequate medical examinations and deficiencies identified by the Court.

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

The case is being remanded for additional examination and development of records to address the severity of the Veteran's service-connected gunshot wound disabilities, including their impact on employment. The TDIU claim will also be addressed.

The Board has remanded the case for further development, including obtaining records related to an OIG investigation into possible fraud at RMTU. The validity of the overpayment will be reconsidered based on this additional information.

The Veteran's right leg shin splints, with history of stress fractures, are currently rated at 10 percent and do not warrant a higher rating as there is no evidence of additional limitation of motion or functional loss.

The Veteran is seeking service connection for nasal and throat disabilities, including those related to exposure to Agent Orange. The case has been remanded due to the need for a VA examination and additional development of his claims.

The Board denied the Veteran's claims for service connection for a left inguinal hernia and associated residuals, as well as his claim for compensation under 38 U.S.C.A. § 1151 for VA surgical repair of a left inguinal hernia in May 2003, finding that there was no evidence to support the Veteran's claims.