Other conditions decisions — 2014

The Veteran's thoracolumbar spine disability and associated radiculopathy of the sciatic nerve in both lower extremities are rated at 40 percent, effective from the date of the initial rating decision.

The Veteran's claim is being remanded due to the need for additional medical examination and records. The Board will consider whether service connection can be established for residuals of EBV exposure.

The Veteran's claim for service connection for a post-operative deviated nasal septum has been reopened and granted. The Board also found that the Veteran is entitled to a rating in excess of 10 percent for his right knee disability, including entitlement to a total disability rating based on individual unemployability (TDIU).

The Board has determined that there is no evidence of a neck mass during the pendency of this claim, and therefore service connection for a neck mass cannot be granted.

The Veteran's marriage to the appellant was legally terminated by divorce in February 2001. The appellant is not considered the surviving spouse for VA death benefits purposes due to her lack of continuous marital status with the Veteran prior to his death.

The Veteran claims compensation under 38 U.S.C.A. � 1151 for spinal cord injury with quadriplegia, including neurogenic bowel and bladder, allegedly caused by a July 2008 anterior cervical discectomy and fusion surgery at VA and/or an August 2008 delay in immediate care. The Board finds the October 2009 VA examination report and May 2009 and July 2012 VA medical opinions to be inadequate, necessitating a remand for further evaluation.

The Veteran's service connection claim for residuals of a fractured jaw was denied because the injury occurred due to willful misconduct and not in line of duty.

The Veteran's claim for an earlier effective date for re-instatement of non-service-connected disability pension benefits was denied as he submitted the required evidence more than one year after being requested to do so.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining a one-time payment from the FVEC Fund, and therefore denies the claim.

The Veteran's chipped front tooth is due to in-service dental trauma, but the condition does not meet the criteria for service connection for compensation purposes as it is not a listed disability under 38 C.F.R. § 4.150.

The Board has decided to remand the case for additional development, including obtaining updated medical records and confirming any chemical exposure during service. The Veteran's non-Hodgkin's lymphoma will be evaluated in light of all available evidence.

The appellant is not eligible for VA DIC benefits due to her remarriage after the age of 57, which bars her eligibility as a surviving spouse.

The Veteran's irrevocable election for Post-9/11 GI Bill benefits in lieu of Montgomery GI Bill (Chapter 30) benefits is upheld, and he has no legal entitlement to additional VA educational assistance beyond the one month and 18 days already transferred under the Post-9/11 GI Bill program.

The Board has remanded the case due to a missing CD of a 911 call from a nurse at the VA medical center in Des Moines, Iowa to the 911 call center in Columbus, Nebraska on behalf of the Veteran prior to his admission to the Columbus Community Hospital.

The Board has remanded the case for additional development, including obtaining VA treatment records and medical opinions regarding the Veteran's left hip disorder.

The Veteran's service-connected residuals of an ingrown corn, right little toe are rated at 10 percent and the Board finds no basis for a higher rating.

The Veteran withdrew his appeal regarding the claim for service connection for a dysthemic disorder, to include obsessive-compulsive disorder (OCD).

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and providing an opinion on whether his non-Hodgkin's lymphoma caused or aggravated dementia.

The Board has granted service connection for a skin disorder, to include of the face and head, based on presumed exposure to herbicides during service in Vietnam.

The Veteran's tibia stress fractures have been rated at 30 percent since April 12, 2012. The VA has granted higher ratings for both his left and right proximal tibia stress fractures.