Other conditions decisions — 2016

The Board denied the Veteran's claim for service connection for arteriosclerotic cardiovascular disease, finding that there was no evidence linking his current condition to his military service.

The Veteran's service-connected status post total laryngectomy and tracheal resection was granted a 100% rating effective January 9, 2007. The appellant, who is the Veteran's daughter, did not meet eligibility criteria for Dependents' Educational Assistance (DEA) benefits as she turned 26 years old before the effective date of her father's disability rating.

The Veteran's claim for service connection for a respiratory disorder, to include as due to inhalation of lead and asbestos particles, is denied because the evidence does not support a finding that his current condition is related to active duty or exposure to environmental chemicals.

The Veteran's right index fingertip amputation is currently rated at 10 percent, and the Board finds that a higher evaluation is not warranted.

The Board has determined that the Veteran's claim for payment or reimbursement of unauthorized medical services provided on September 23, 2011 is denied as he did not have prior authorization and his treatment was not covered by VA health care.

The Board denied service connection for peripheral artery disease resulting in a right leg amputation, finding that the condition did not manifest during or within one year after service and is not related to service.,The Veteran's claim for special monthly compensation (SMC) based on need for regular aid and attendance (A&A) or because of being housebound (HB) was also denied.

The Board has reopened the appellant's claim of entitlement to service connection for peripheral vascular disease of the bilateral lower extremities, but has denied the claim as there is no evidence that the Veteran's current condition was incurred in or aggravated by his military service.

The Board has remanded the case for a new hearing before a Veterans Law Judge due to an incorrect address notification. The Veteran's claims of service connection for various conditions related to squamous cell carcinoma of the glottis are still under review.

The Veteran's claim for a compensable disability evaluation for his service-connected skin disorder prior to August 26, 2015, and in excess of 10 percent since that date is being remanded due to the need for additional development including obtaining VA treatment records and scheduling another VA examination.

The Board denied the Veteran's claim for service connection for a dental condition, finding that there was no evidence to support the contention that the trauma in service caused loss of substance of the body of the mandible.

The Board denied the appellant's claim for educational assistance benefits under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill) because his discharge from active duty was due to misconduct and did not meet any of the exceptions set forth in 38 C.F.R. § 21.9520(a)(5).

The Board has referred the issue of whether new and material evidence has been received to reopen a previously denied claim for Post-9/11 GI Bill benefits at a rate in excess of 70 percent back to the AOJ. The AOJ issued a denial, but the Veteran filed a VA Form 9 as a notice of disagreement (NOD). The case is now being remanded for issuance of a statement of the case and for the Veteran to perfect his appeal if he wishes.

The Veteran is entitled to reimbursement for travel expenses incurred on January 26, 2016 due to the significant discrepancy in distance between his home and the nearest VA clinic.

The Veteran has withdrawn his appeals for the issues of service connection for shortness of breath with exercise, a skin condition, fatigue, and numbness sensation in both arms, to include as due to an undiagnosed illness.

The Veteran's claim for increased ratings for residuals of a postoperative fracture of the left elbow was denied. A 10% rating is granted since September 17, 2012, but prior to that date no compensable rating was warranted.

The Veteran's skin condition of the feet was not shown in service and there is no evidence linking it to his active service. The claim for service connection for a skin condition of the feet has been denied.

The Board has determined that the Veteran's current low back disability did not manifest during service or within a year of service separation, and is not related to any in-service disease, injury, or event. Therefore, service connection for this condition cannot be established.

The Board has determined that the Veteran's claimed conditions, including right and left arm tendonitis and bursitis, tardive dystonia, degenerative joint disease of the lower back and buttocks, and degenerative joint disease of the neck, did not have onset during active service or are otherwise etiologically related to active service. As such, these claims for service connection are denied.

The Veteran's ex-wife, who was divorced from the Veteran at the time of his death, is not eligible for recognition as a surviving spouse for VA Dependency and Indemnity Compensation (DIC) benefits.

The Board has remanded the case due to new evidence received after the September 2011 SOC, including a notification of annual reserve training. The Veteran's claim for overpayment of education benefits will be reconsidered with this additional information.