Other conditions decisions — 2015

The Veteran's appeal is being remanded for additional development, including obtaining an opinion regarding the etiology of his complaints of numbness and tingling in the left foot.

The Board has determined that the current VA examination report is inadequate and that further development of medical evidence, including an examination to determine the nature and likely etiology of the Veteran's lipoma, is necessary.

The Board denied the Veteran's claims for service connection for edema of the upper extremities and for higher ratings for his diabetes mellitus, peripheral neuropathy, and sciatic nerve paralysis. The Board found that there was no present disability of edema in the right upper extremity and that the diabetes mellitus did not result in the claimed disabilities.

The Veteran's service-connected lymphedema of the left foot is currently rated at 40 percent, effective January 26, 2015. The right foot lymphedema has been rated at 20 percent since April 6, 2010.

The Board denied compensation under 38 U.S.C.A. § 1151 for the Veteran's severed saliva gland and right perforated tympanic membrane, finding that the conditions were not caused by VA's failure to exercise reasonable care in providing medical treatment.

The Board found that the Veteran's death from pneumonia was not caused or contributed substantially to by his service-connected malaria, and thus denied the claim for service connection for cause of death.

The Veteran's service was less than 90 days and he did not have a service-connected disability, thus he does not meet the eligibility requirements for nonservice-connected pension benefits.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to determine the nature of his heart disorder and whether he is unemployable due to service-connected disabilities.

The Veteran's request to restore Montgomery GI Bill benefits for the period of May 12, 2008 to July 31, 2009 is denied as he did not discontinue his course of study due to active duty orders and waived his right to benefits when seeking Post-9/11 GI Bill education.

The Veteran's appeal for a 100 percent educational benefit level was denied as there is no legal basis to grant the claim based on the interpretation of applicable law, rather than consideration of factual evidence.

The Board denied the Veteran's claim to reopen his service connection for residuals of a brain tumor, finding that new and material evidence had not been received. The Veteran's previous denial was based on the conclusion that his pre-existing brain tumor did not worsen during service.

The Veteran's bilateral foot disorder was not shown in service or for many years thereafter, and is unrelated to service. The Board finds that the weight of the competent evidence does not attribute the Veteran's claimed disorders to active duty.

The Board has denied the Veteran's claims for service connection for a respiratory disorder and arthritis, finding that there is no evidence of a nexus between these conditions and his military service or any presumptive exposure to herbicides. The Veteran was not provided with an SOC addressing his claim for service connection for arthritis.

The Board has determined that the Veteran's Chronic Myelogenous Leukemia (CML) is related to exposure to contaminated water at Camp Lejeune during his service, and grants service connection for this condition.

The Veteran's onychomycosis with hyperkeratotic bilateral first toenails affects less than five percent of total body or exposed areas and does not require systemic therapy, resulting in a finding that the criteria for an initial compensable rating have not been met.

The Veteran's claim for reinstatement of VA Post-9/11 GI Bill educational benefits was denied as she did not meet the basic eligibility requirement due to her service termination date being prior to September 10, 2001.

The Veteran's service-connected right and left hand essential tremors are rated at 30 percent each, effective July 27, 2011.

The Board has determined that the appellant's claim for DIC benefits based on permanent incapacity for self-support prior to reaching age 18 is remanded due to a scheduling error and notification issues.

The Veteran died from inanition and Alzheimer's type dementia. The death certificate does not indicate that these conditions were caused by service-connected disabilities, nor is there evidence linking them to service. Service connection for the cause of the Veteran's death was denied.

The Veteran withdrew his appeal regarding the issue of entitlement to an annual VA clothing allowance.