Other conditions decisions — 2015

The Board has determined that a new medical opinion is needed to address whether the Veteran's left leg thrombosis was directly caused by or due to military service, and if so, whether it is aggravated by any of her service-connected disabilities. The case will be remanded for this purpose.

The Veteran's claim for an extension of the delimiting date for receiving Chapter 30 educational assistance benefits under the Montgomery GI Bill (MGIB) beyond March 20, 2011 was denied as there is no evidence that she was prevented from completing her chosen program of education due to a physical disability.

The Board has remanded the case for further development to determine if there were incapacitating episodes due to intervertebral disc syndrome and whether the Veteran's neurological abnormalities are related to his service-connected back disability.

The Veteran's back disability has been rated at 20 percent since July 12, 2005. The rating was increased to 40 percent from August 31, 2009 to July 18, 2010.,Since July 19, 2010, the Veteran's back disability has been rated at 20 percent.,Effective July 2, 2015, the Veteran is now rated at 10 percent for right lower extremity radiculopathy and 10 percent for left lower extremity radiculopathy.

The Board has determined that the Veteran does not have a bilateral hand disability, prostate condition, or hypertension that is related to service. The preponderance of evidence is against finding any such connection.

The appeal has been withdrawn by the appellant's representative. As a result, there are no specific issues to review.

The Board found that the Veteran's chronic lymphocytic leukemia is not related to his in-service exposure to ionizing radiation and denied service connection for this condition.

The Board found that the appellant's bad conduct discharge due to ingesting and distributing controlled substances is a bar to VA benefits.

The Veteran's appeal is being remanded for additional development, including a new VA examination and consideration of his TDIU claim.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to determine if his current ulcerative colitis and osteoporosis are related to service.

The Board has found that the Veteran's claimed disabilities, including legal blindness, right leg drag, tropical sporadic hemiparesis, left foot drop, fracture in vertebrae and right heel spur, were not incurred or aggravated by service. The appeal is denied.

The Board has reopened the Veteran's claim for service connection for a right elbow disability and granted it, finding that there is sufficient evidence to establish a current disability related to active duty service.

The Veteran's claim for nonservice-connected pension benefits was denied as his countable annual income exceeded the established limit.

The Veteran's service-connected patellofemoral joint syndrome (left) and degenerative joint disease (right) have been rated as 10 percent for each knee. The VA examiner found that the Veteran’s range of motion was limited, but not to a degree warranting higher ratings under Diagnostic Codes 5260 or 5261. The Board finds no evidence in the record supporting a grant of increased ratings.

The Veteran's service-connected left hand disability has been rated as 10 percent disabling since December 15, 2009. The Veteran's appeal for a higher initial rating is denied.

The Veteran meets the criteria for service connection for residuals of dental trauma to tooth numbers 7, 8, 9, and 10; and he is entitled to receive dental treatment for those residuals.

The Board denied the Veteran's claims for service connection for residuals of a cerebrovascular accident (CVA) and arthritis due to cold weather exposure. The evidence did not establish an etiological relationship between these conditions and service, with continuity of symptomatology being considered insufficient to support a finding.

The Board has determined that the appellant does not meet the legal criteria to be recognized as the surviving spouse of the Veteran for purposes of VA death benefits.

The Board has determined that the Veteran's death was caused by ischemic heart disease, which is presumed to be related to herbicide exposure during his service in the Republic of Vietnam. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Veteran's death was not due to a service-connected disability, and he did not have pending claims for VA benefits at the time of his death. The appellant is eligible for burial in a national cemetery but is not buried there. Therefore, the claim for plot allowance is granted, while the claim for payment of nonservice-connected burial and funeral expenses other than the plot allowance is denied.