Other conditions decisions — 2014

The Veteran's increased ratings for arthritis of the left hand and right hand were granted, with the right hand rating being denied prior to January 15, 2014, but granted beginning that date. The decision is mixed as some issues are granted while others are not.

The Veteran has withdrawn his appeals for the issues of service connection for a stomach condition and an eye condition, to include esotropia.

The Board found that the Veteran's current diagnosis of colon polyps did not manifest during service and is not otherwise shown to be causally or etiologically related to service.

The Board has dismissed the appeal due to the appellant's death, as there is no eligible surviving spouse for substitution.

The Veteran's income, including his spouse's earned income from home health care services, did not exceed the Maximum Annual Pension Rate (MAPR) for a single Veteran with aid and attendance and one dependent at any time during the period of November 1, 2006 to December 31, 2008.

The Board has determined that the Veteran's leukopenia and uveitis are not service-connected, with leukopenia being a laboratory finding without evidence of chronic disease. The uveitis is not related to service or any service-connected condition.

The Board has determined that the Veteran does not have current residuals of intestinal amebiasis and his lactose intolerance is not etiologically related to service or any event of service origin.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim of entitlement to service connection for a right eye injury. The claim is therefore denied.

The Board has remanded the case for a VA examination to determine if the Veteran's chronic cough is related to service, specifically exposure to burn pit vapors. The Veteran will be provided an opportunity to submit lay statements and any other pertinent medical records.

The Board has restored the Veteran's VA disability compensation benefits from April 1, 2003 to March 28, 2011 due to a reasonable doubt regarding whether termination was proper based on fugitive felon status.

The Board finds that the character of the appellant's discharge from service for December 2003 to January 2007 does not constitute a bar to VA benefits, as he was insane at the time of the offenses.

The Board has reopened the claim for service connection for the cause of death due to new and material evidence. However, it was not determined that the Veteran's aplastic anemia was caused by exposure to Agent Orange during service.

The Board has waived the requirement that a timely substantive appeal be filed in response to the August 2010 SOC regarding entitlement to service connection for the cause of the Veteran's death. The claim is now considered granted.

The Veteran's appeal for higher ratings for residuals of a left second toe fracture was denied. Prior to July 21, 2010, the disability was rated at 10 percent and since then it has been rated at 20 percent.

The Veteran's appeal is being remanded for further development, including obtaining VA and SSA records and a new orthopedic examination to assess the current severity of his service-connected knee disabilities.

The Veteran's cancer of the tonsil manifested decades after service, there is no dose estimate from a 'credible source' showing in-service exposure to ionizing radiation, and there is no competent and credible evidence linking his disorder to service.

The Veteran's appeal is remanded due to the need for a hearing before a Veterans Law Judge at his local RO.

The Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 is denied as the evidence does not show that his back condition was caused by VA medical treatment due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault.

The Board has remanded the case due to a lack of clarity regarding the appellant's eligibility for Chapter 1606 educational assistance benefits. The VA Education Center is instructed to contact Department of Defense and/or the appropriate military authority to determine if the Veteran is eligible for these benefits.

The Board has determined that the appellant is not a qualified claimant for the purpose of substitution for accrued benefits or other death benefits, and thus does not have jurisdiction to adjudicate any matters pending at the RO.