Other conditions decisions — 2015

The Veteran's appeal for a skin disorder was withdrawn prior to the Board's decision. The remaining issues of PTSD evaluation and TDIU are remanded for further development.

The Veteran's increased rating claim for his left tibia and fibula fracture was denied. His TDIU claim is part of the same appeal and must be considered.

The Veteran's claims for service connection for a skin condition, gout, and an increased rating for diabetes mellitus type II were denied. The Board found that new and material evidence had not been submitted to reopen the claim of service connection for a skin condition. Service connection was also not granted for gout or for an increased rating for diabetes mellitus type II.

The Veteran does not currently have a diagnosed right leg disability, and the evidence does not support a finding of such a condition during his period of service. The Board finds that there is no current disability for which service connection can be granted.

The Board has reopened the claim of whether the character of the appellant's discharge is a bar to VA benefits due to new and material evidence submitted, but the appeal remains on hold as it pertains to service connection issues.

The Board has determined that a new VA examination and medical opinion is necessary to determine the relationship between the Veteran's right iliotibial band syndrome and his military service. The case will be remanded for this purpose.

The Veteran's appeal for service connection for a lung disability, which was related to exposure to herbicides, has been dismissed due to the death of the appellant.

The Board has determined that the Veteran's chronic epididymitis warrants a 10 percent disability rating, as it does not meet the criteria for a higher rating based on symptoms such as recurrent symptomatic infections requiring drainage or frequent hospitalization.

The Board finds that the Veteran's on-the-job-training benefits under the Post-9/11 GI Bill are correctly calculated at a step 5 percentage level, and she is not entitled to higher benefits.

The Board has decided to remand the case for further development and an opinion regarding the etiology of the Veteran's colon cancer.

The Board denied the appellant's claim as she could not be recognized as the Veteran's surviving spouse for VA death benefits, including Disability and Indemnity Compensation (DIC).

The Veteran's son is seeking Dependents' Educational Assistance (DEA) for specialized restorative training. The appeal was remanded due to a misunderstanding regarding the appellant's missed appointment with VA's Vocational Rehabilitation and Employment Services.

The Veteran seeks service connection for a lung disorder that he contends is related to asbestos exposure during his military service. The claim will be remanded to obtain medical opinions and additional records, including from the VA Medical Center and any relevant post-service asbestos-related lawsuit.

The Veteran's residuals of a right hamstring tear are rated at 40 percent since July 20, 2009. The Board finds the evidence is at least in equipoise as to whether the disability warranted a compensable evaluation from July 1, 2008.

The Board has determined that the appellant's room and board costs at Southwest Mansions can be considered an unreimbursed medical expense for purposes of calculating her countable income towards nonservice-connected pension benefits.

The appellant died during the pendency of her appeal, and as a result, the Board has no jurisdiction to adjudicate the merits of her claims.

The Board denied the moving party's claims for nonservice-connected death pension benefits and accrued benefits, finding that the Veteran's service did not qualify him for these benefits. The motion to revise the decision on grounds of clear and unmistakable error was denied.

The Veteran's claims of service connection for respiratory disorder, itching irritations, gastrointestinal disorder, and blackouts were denied as there is no diagnosed chronic disability that can be attributed to service or a qualifying undiagnosed illness.

The Board has determined that the appellant's income exceeds the maximum annual pension rate, thus denying her claim for nonservice-connected death pension benefits based on need for aid and attendance of a surviving spouse.

The Board has remanded the case due to a lack of a transcript from a previous hearing and the need for further evidentiary development. The Appellant is entitled to another videoconference hearing before a Veterans Law Judge.