Other conditions decisions — 2016

The Veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code (MGIB) was denied because he did not meet the service requirements for the '2x4' program. He enlisted in the Selected Reserve for a period of three years and 12 weeks, which is less than the four-year commitment required by the program.

The Veteran's cognitive impairment due to cerebrovascular disease is rated at 30 percent, effective August 27, 2012. The Board also granted a TDIU effective September 17, 2013.

The Veteran's service-connected right foot disability, including heel spur syndrome and bunion deformity, was rated at 30 percent since December 15, 2010. The Veteran's appeal for a higher rating prior to that date is denied.

The Board has decided to remand the case for additional development, including a VA examination and opinion regarding the Veteran's HIV/AIDS claim. The issues are whether HIV was incurred during service due to sexual trauma, whether alcohol and substance abuse is proximately due to PTSD, and if so, whether this resulted in promiscuity leading to HIV.

The Board has remanded the case due to a failure to comply with its September 2014 remand instructions, specifically regarding obtaining private medical records and VA treatment records. The appellant's claim for service connection for the cause of her husband's death is being reviewed.

The VA determined that the Veteran's currently diagnosed bilateral hammertoes are not attributable to his active duty service or any incident of service, including as secondary to a service-connected disability.

The Veteran withdrew her appeal for the claim of entitlement to an initial compensable evaluation for bilateral plantar fasciitis at a February 2016 Board hearing.,For the right shoulder disability, the criteria for an initial evaluation in excess of 10 percent have not been met.

The Veteran's post-operative duodenal ulcer disease was rated at 40 percent since May 2006, and the Board found that his symptoms more nearly approximated a higher rating.

The Board has determined that the Veteran's death from rectal cancer was related to his exposure to herbicides during service, and thus grants service connection for the cause of the Veteran's death.

The Veteran's left upper extremity disability, diagnosed as reflex sympathetic dystrophy, is currently rated at 40 percent disabling. The VA examiner found the Veteran to have severe incomplete paralysis of the minor arm, with no motor deficits other than pain.

The Veteran's appeal is remanded due to the need for additional development of evidence, including obtaining in-service mental health treatment records and personnel file. The VA will also provide a psychiatric examination to determine if his current delusional disorder had its onset during service.

The Veteran's residuals of tongue cancer were not found to be related to his service, including exposure at Camp Lejeune. The claim was denied.

The Board has decided to remand the case due to outstanding VA treatment records and requests for additional examination.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 has been dismissed due to the death of the appellant.

The Veteran's cardiovascular disability is being remanded for a complete and adequate etiology opinion, including opinions on whether it was incurred or caused by service, due to PTSD, or aggravated by PTSD.

The Veteran's ulcerative colitis was granted a noncompensable initial rating, which was later increased to 30 percent effective May 9, 2008. The Veteran's vasculitis of the bilateral lower extremities received a noncompensable initial evaluation.

The Board found that the Veteran's bilateral hip DJD is not related to his active service or his service-connected disabilities, including right total knee arthroplasty and left femur fracture residuals.

The Board found that the Veteran's respiratory disorder did not have its clinical onset in service and is not otherwise related to active duty, including any in-service asbestos exposure.

The Veteran seeks service connection for squamous cell carcinoma of the throat, which he claims is due to his in-service exposure to herbicides. The Board finds that a remand is necessary as the current opinion from March 2012 is inadequate and there are unclear facts regarding whether the cancer could be considered a respiratory cancer.

The Board has reopened the Veteran's claim for service connection for a skin disorder of the scalp and granted it, finding new and material evidence to support the claim. The Veteran reported treatment shortly after separation from service and a continuity of symptoms since then.