Other conditions decisions — 2015

The Board has remanded the case for additional development, including obtaining an addendum opinion regarding the Veteran's bilateral lower extremity disability and adjudicating whether new and material evidence has been received to reopen a claim of entitlement to service connection for psoriasis.

The Veteran's right foot arthritis is not considered service-connected as it did not manifest within one year of separation from service and there is no evidence that the current condition is related to his service-connected low back or knee disabilities.

The Board denied the motion alleging clear and unmistakable error in the September 2014 decision finding the temporary termination of the Veteran's Post-9/11 GI Bill benefits effective on July 22, 2010 to August 22, 2010 was proper. The moving party did not meet the pleading requirements and failed to specify why the result would have been manifestly different but for any alleged error.

The Board has remanded the case for further development, including an opinion on whether the Veteran's service-connected diabetes mellitus and/or posttraumatic stress disorder (PTSD) have aggravated his atrial fibrillation. The appeal is now pending again with the AOJ.

The appellant is not eligible for death pension benefits as the Veteran's surviving spouse due to a lack of valid marriage and no child born during or before their marriage.

The Veteran was and is no longer entitled to receive Chapter 30 educational assistance benefits under the MGIB, as of October 22, 2010.

The Board has determined that the appellant is entitled to apportionment of the Veteran's VA compensation based on her status as his spouse prior to their divorce.

The Board has determined that there are no residuals of a right foot injury that are causally or etiologically related to service, and therefore the claim for service connection is denied.

The Veteran's varicose veins have not been characterized by persistent or massive edema, making any rating above 10 percent inappropriate. The Board finds that the Veteran's edema is intermittent, but not persistent.

The Board has determined that the reduction of the Veteran's disability rating for non-Hodgkin's lymphoma from 100 percent to noncompensable, effective May 1, 2011, was proper.

The Veteran's appeal for a higher initial disability rating for the service-connected residuals of right foot fracture was granted, and he is now in receipt of a 10 percent disability rating. The appeals for service connection for respiratory disorder and hypothyroidism are addressed separately.

The Board found that the Veteran's current diplopia in the left eye did not start during service and is not related to any injury or disease incurred during service. Therefore, the claim for service connection was denied.

The Board has remanded the case for further development to determine if the Veteran's acute myeloid leukemia was caused by herbicide exposure, and to provide updated notice under 38 U.S.C.A. § 5103(a).

The Veteran's claim for service connection for a right hip disorder, to include as secondary to his service-connected right leg disability, is being remanded due to the need for additional medical opinions and development of records.

The Board has granted service connection for an acquired psychiatric disorder (mood disorder) as secondary to the Veteran's service-connected osteoarthritis disability(s).

The Veteran's appeal for a higher rating for his right elbow disability is denied as the current evaluation of 20% adequately reflects the severity and symptoms of his condition.

The Board denied the appellant's claim for death pension benefits because her net worth at the time she filed her claim was deemed excessive, and thus did not meet the eligibility requirements.

The Veteran's service-connected PTSD substantially contributed to his cause of death, which was multiorgan failure due to pulmonary fibrosis.

The Board dismissed the appeal due to the Veteran's death, and no compensation under 38 U.S.C.A. § 1151 was granted.

The Board has granted service connection for right and left foot arthritis, with a rating of 10%.