Other conditions decisions — 2014

The Board dismissed the Veteran's appeal for an earlier effective date of December 6, 2002, for the award of total disability rating based on individual unemployability (TDIU). The appeal was dismissed as the Board does not have jurisdiction to consider such a claim.

The Board has decided that additional development is needed, including obtaining military personnel records and private treatment records. The case will be remanded for further action.

The Veteran's right hemopneumothorax and rib fractures are not rated as they do not meet the criteria for a compensable evaluation under VA rating criteria. The FEV-1 result, both before and after use of medication, is 82 percent of predicted, which does not warrant an increased evaluation.

The Veteran's claims for increased ratings for his patellafemoral syndrome of the right and left knees have been denied as there is no evidence showing that the disabilities are more than 10 percent disabling.

The Board has granted the Veteran's claims for service connection for peripheral vascular disease of both lower extremities as secondary to his service-connected diabetes mellitus, type II.

The Veteran's claim for service connection of myasthenia gravis is being remanded due to the need for additional medical opinions regarding his exposure during basic training and treatment records.

The Board denied the Veteran's claims for service connection for neurofibromatosis and uterine fibroids, finding that there was no evidence of a current disability superimposed on congenital defects or an in-service injury, disease, or event.,Service connection could not be established as the conditions are deemed to have been present prior to service.

The Board found that the Veteran's varicose veins of the left lower extremity preexisted service and were not aggravated by service, thus denying his claim for service connection.

The Board has determined that the Veteran's colon cancer did not manifest during service or within one year after discharge, and there is no evidence linking his current condition to any in-service event or disease. The claim for service connection is denied.

The Board denied the Veteran's claim for an effective date earlier than July 31, 2012, for a grant of additional compensation paid for his dependent spouse. The decision was based on the fact that the Veteran did not provide notice of the status of his dependents within one year of their occurrence.

The Board has remanded the case for further development, including verifying federalized service and obtaining a VA examination to determine if any current right arm disability is related to the injury sustained in July 1997.

The Board found that the Veteran's current back condition is not related to his service, specifically due to a motor vehicle accident in 1967 where he was a passenger. The injuries were determined to be the result of his own misconduct and therefore not incurred in the line of duty.

The Veteran's spouse is not recognized as his surviving spouse for VA purposes, including DIC and death pension benefits due to the fact that they were legally divorced at the time of the Veteran's death.

The Veteran's application for additional educational assistance under the Post-9/11 GI Bill was denied as he is only eligible for 2 months and 18 days of benefits due to his irrevocable election to receive Chapter 33 benefits in lieu of Chapter 30.

The Board denied the Veteran's claim for a compensable disability rating for dental disability, finding that his loss of teeth was not due to combat or disease such as osteomyelitis and could be restored by prosthesis. The claim is denied as a matter of law.

The Veteran's tongue cancer is related to his in-service herbicide exposure and service connection for the condition has been granted.

The appellant's right shoulder disabilities have been rated at 20 percent since prior to January 15, 2014.,The appellant's left shoulder disabilities have also been rated at 20 percent since prior to January 15, 2014.,No higher evaluations are warranted for the right and left shoulders after January 15, 2014 based on current evidence of record.,There is no evidence supporting a higher evaluation for either shoulder after January 15, 2014.

The Veteran's mycosis fungoides, cutaneous T-cell lymphoma is currently rated at 10 percent and the evidence does not support a higher rating.

The Board has determined that the Veteran's left hip disability does not warrant a rating in excess of 10 percent, as it does not meet the criteria for higher ratings based on range of motion or other symptoms. The claim is denied.

The Board denied the Veteran's claims for a compensable rating for residuals of otitis media and a rating higher than 10 percent for residuals of a right sternoclavicular injury, finding that there was no evidence of current disability or symptomatology to warrant these ratings.