Other conditions decisions — 2015

The Board has determined that the appeal is remanded due to incomplete service records and unclear reasoning regarding the Veteran's undesirable discharge. The case will be readjudicated with specific attention to which statutory bar of 38 C.F.R. § 3.12 applies, and a discussion on the appellant's contentions about previous determinations regarding her eligibility for VA benefits.

The Veteran's claim for non-service-connected pension benefits was not received prior to June 26, 2012. The Board found no evidence of a formal or informal claim for non-service-connected pension before this date and concluded that the Veteran did not have permanent and total disability preventing him from filing a claim within the year prior to June 26, 2012.

The Board has determined that the Veteran's service-connected patellar tendonitis of the left knee warrants a 10 percent rating, effective July 23, 2003.

The Veteran's claim for a compensable evaluation for chronic gastritis has been denied as there is no evidence of small nodular lesions, multiple small eroded or ulcerated areas, severe hemorrhages or large ulcerated or eroded areas with respect to hypertrophic gastritis.

The Board has remanded the claim for a higher initial rating for a skin disability, residuals of radiation, to include whether any separate or higher ratings are warranted under all potentially applicable diagnostic codes. The Veteran needs to undergo VA examinations and address the pre-August 30, 2002 criteria.

The Board has determined that the appellant does not meet the criteria for a special monthly pension based on aid and attendance, as she is able to perform all of her self-care functions without regular need of another person's assistance.

The Veteran's income, after deducting allowable exclusions for his ex-spouse and son, exceeded the maximum annual pension rate (MAPR) specified in VA regulations. The Board found that the Veteran had more than $25,000 of countable income in 2014, which is above the MAPR.

The Board found no evidence linking the Veteran's current respiratory disorder to his military service, including any asbestos exposure. The claim for service connection was denied.

The Veteran's ankylosing spondylitis is being remanded for further examination and opinion to determine its onset, cause, and whether it was aggravated by his service-connected degenerative joint disease of the cervical and lumbar spine.

The Veteran's service-connected post-operative residuals of a left inguinal herniorrhaphy do not result in unemployability.

The Board has decided to remand the case for additional development, including obtaining updated medical records and providing a VA examination.

The Veteran's claim for increased rating and service connection was denied. The Board found that the evidence did not meet the criteria for a compensable rating for atrophic left testicle with history of epididymitis, and that there is no evidence to support reopening his right knee disorder claim or establishing service connection for any other conditions.

The Veteran's claim for an effective date prior to December 30, 1999, for the award of service connection for orchialgia/testicle pain due to epididymal cyst and assignment of a 10 percent initial rating has been denied as there is no legal merit or entitlement under the law.

The Board has determined that the appellant was permanently incapable of self-support prior to her eighteenth birthday, and therefore grants recognition as a helpless child for VA death benefits purposes.

The Veteran's hyperlipidemia or high cholesterol was not found to be a disability for VA purposes and therefore, service connection is denied.

The Veteran's claim for service connection for loss of teeth for compensation purposes is denied as he does not have a compensable dental disability.

The Veteran's service-connected neuralgia of the seventh cranial nerve is currently rated as noncompensable, and the Board finds that a compensable evaluation is not warranted.

The Veteran's claim of service connection for schizoaffective disorder was granted based on the receipt of service department records that were not associated with the claims file when VA first decided the claim in April 1998.,The appellant is seeking DIC benefits, and the AOJ must determine whether she is entitled to these benefits under 38 U.S.C.A. § 1318 or 38 U.S.C.A. § 1310.

The Board has determined that the Veteran's constricted maxilla with associated malocclusion and crowding of the maxillary mandibular anterior teeth is a congenital defect. The resulting loss of sensation of the right infraorbital nerve due to in-service dental surgery is granted as service connection is decided on the merits.

The appellant is eligible for DEA benefits from August [redacted], 2002 through August [redacted], 2012. However, the appellant has not received any payments despite submitting all of the proper paperwork. The Board finds that a remand is necessary to prepare another audit and notify the appellant of its findings.