Other conditions decisions — 2016

The Board found that the Veteran's right foot bone spur warranted a 10 percent rating beginning February 15, 2010, due to pain and functional limitations. The prior period was denied as there was no evidence of moderate disability.

The Board has determined that the Veteran's sterilization procedure, which was elective and not related to a disease or injury, does not meet the criteria for service connection as there are no medically identified disabling residuals from the in-service sterilization other than the planned consequences of elective sterilization.

The Veteran's residuals of a right forearm gunshot wound are rated at 40 percent, which is the maximum schedular rating available. The Board finds that his service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Veteran's claim for education benefits under the Veterans' Educational Assistance Program (Chapter 32) was denied as he did not enroll in or make monetary contributions to the program during his eligible period of active service.

The Board found that the amputation of toes 2-5 on the Veteran's right foot was not caused by negligence or error in judgment from VA, and thus denied compensation under 38 U.S.C. § 1151.

The Veteran's claims for initial compensable ratings for residuals of fractures of the left fifth metatarsal and third finger were denied as there is no evidence of significant impairment or symptoms that would warrant a higher rating.

The Board has determined that the Veteran's multiple myeloma was not incurred in or aggravated by his military service, and thus denied his claim.

The Board has determined that the discontinuance of the Veteran's TDIU effective June 1, 2006 was improper and thus void ab initio. As a result, his TDIU is restored as of this date.

The Board has reopened the Veteran's claim of service connection for chancroid and granted it, finding that new evidence supports a reopening of the claim.

The Veteran's appeal is being remanded due to an audio malfunction during his hearing, and he wishes to have a Travel Board hearing at the RO.

The Board has reopened the claim for service connection of residuals of a jaw injury and granted it, finding that new and material evidence had been received. The Veteran's symptoms have persisted since his in-service injury.

The Veteran and the Appellant were divorced in December 2004, and did not remarry prior to the Veteran's death. The Board found that they were not married at the time of his death, thus denying her claim for VA death benefits.

The Veteran seeks service connection for a hysterectomy, which she claims is related to her in-service tubal ligation and residual scar. The Board has determined that additional evidence is needed before the issue can be decided.

The Veteran's appeal was dismissed due to his death, and no jurisdiction remains for the merits of the claim.

The Veteran's service connection for a specific phobia related to flying in airplanes has been granted. His initial compensable rating for bilateral hearing loss is denied, and his claim for an increased rating for tinnitus remains without legal merit.

The Board has determined that additional development is needed in the form of specialized procedures for a contested claim, including notifying and affording an opportunity to present testimony or argument on behalf of both parties. The appeal will be remanded for this purpose.

The Board has remanded the case for a videoconference hearing due to the appellant's request. The appeal will be decided after affording the claimant an opportunity for such a hearing.

The Board has decided to remand the case for additional development, including a new VA examination and verification of periods of active duty training (ACDUTRA) and inactive duty training (INACDUTRA).

The Board found that the Appellant's military discharge under other than honorable conditions due to a prolonged absence without leave (AWOL) is a statutory bar to VA benefits, as there were no compelling circumstances to warrant such an extended period of AWOL. The defense of insanity was also not established.

The Veteran's daughter, KCF, was found to be permanently incapable of self-support due to mental conditions prior to her 18th birthday. She has been receiving SSI since April 2012 and is unable to engage in substantive gainful activity.