Other conditions decisions — 2016

The Veteran's claim for service connection for residuals of a back injury, to include left side hurting and a left foot injury is being remanded due to the need for additional development.

The Veteran's claim for a higher rating for her right femur disability is being remanded due to the need for updated VA treatment records and a VA examination.

The Veteran's prostatic hyperplasia was rated at 20 percent prior to November 23, 2015 and increased to 40 percent thereafter. The Veteran is not entitled to a higher initial evaluation for erectile dysfunction.

The Veteran's service connection claim for respiratory cancer, specifically adenocystic carcinoma of the upper respiratory tract at the junction of the hard and soft palate is granted. The claim for an increased evaluation for bilateral hearing loss disability remains pending.

The Board determined that the Veteran is entitled to a 20 percent rating for his service-connected injury to Muscle Group XX, but found no evidence of other muscle groups affected. The appeal was denied as there were not sufficient grounds to warrant an increased rating.

The Board has remanded the case due to the need for updated VA treatment records and a new VA examination, as well as potential private medical records from Dr. W.

The Veteran's right glenohumbral DJD has been manifested by limitation of motion no worse than flexion to 100 degrees, abduction to 120 degrees, internal rotation to 55 degrees, and external rotation to 60 degrees, along with pain on movement. The Board finds that the Veteran's right shoulder disability warrants a rating of 20 percent.

The Board has granted service connection for endometriosis, hysterectomy secondary to endometriosis, and bowel resection. The Veteran's claims of entitlement to special monthly compensation due to loss of use of a creative organ are inextricably intertwined with the issue of secondary service connection for hysterectomy.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for amblyopia, left eye. The issues of headaches, reopening of previously denied claims for an eye disability, initial ratings for cervical and thoracolumbar spine conditions, hypertension, and plantar fasciitis with foot disabilities are addressed in the REMAND portion.

The Board has determined that a remand is necessary to obtain additional medical opinions and records, as well as to ensure compliance with the Veteran's request for a hearing.

The Board denied the Appellant's claim for recognition as the surviving spouse of the Veteran, finding that her marriage to the Veteran was terminated by divorce prior to his death and thus she does not meet the legal requirements for being considered a surviving spouse.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to address his service-connected foot disabilities and numbness of upper and lower extremities.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for the cause of the Veteran's death, but the claim is denied as there is no evidence of herbicide exposure during service.

The Veteran's appeal is being remanded due to the need for a new examination and additional treatment records, as well as further development of her claim.

The Board has reopened the Veteran's claims for service connection for Non-Hodgkin's Lymphoma and peripheral neuropathy, finding that new and material evidence has been submitted. The VA medical opinion provided by Dr. D.H. supports a relationship between the Veteran's Non-Hodgkin's Lymphoma and exposure to contaminated water at Camp Lejeune.

The Veteran's disability rating for his herniated disc, L4, L5, S1, is denied as the functional impairment and loss due to the condition does not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board finds that the evidence is at least in equipoise regarding the relationship of the Veteran's brain injury and the in-service exposure to jet fuel, resulting in a grant of service connection for a brain injury due to toxic chemical exposure.

The Board denied the claim for accrued benefits, finding that the Appellant is not entitled to receive any additional accrued benefits as he does not meet the legal requirements and there is no legal discretion in this matter.

The Veteran's appeal regarding his entitlement to education assistance under the Post-9/11 GI Bill was denied as he did not make an irrevocable election for Chapter 33 benefits in lieu of Chapter 30 (Montgomery GI Bill) and his active duty service after September 11, 2001, does not qualify him for a higher rate of education assistance.

The Board has determined that there is no evidence of a current disability related to the Veteran's diagnosed HPV, and thus service connection cannot be granted.