Other conditions decisions — 2016

The Veteran's nephropathy, characterized by persistent edema and albuminuria with marked decreased kidney function, is now rated at the highest available rating of 100 percent.

The Board has determined that the Veteran's right anterior compartment syndrome and bilateral shin splints are related to his service, thus granting service connection for both conditions.

The Board found that the Appellant's substantive appeal was not timely filed, and thus denied the appeal.

The Board denied the Veteran's claim for an earlier effective date for adding his current spouse as a qualifying dependent, finding that he did not provide necessary information within one year of receiving notification from VA. The effective date remains December 1, 2009.

The Veteran's active service does not qualify for nonservice-connected pension benefits as it did not occur during a period of war. The Board denies the claim.

The case is being remanded for additional development and accounting of the appellant's use of education benefits under the Montgomery GI Bill program. The issues on appeal will be readjudicated after this information is obtained.

The Veteran's permanent and total disability was found effective October 1, 2010. The appellant reached his 26th birthday prior to this effective date, thus he has no legal entitlement to Dependents' Educational Assistance (DEA) benefits under Chapter 35.

The Board has determined that the Veteran's right rotator cuff tear with repair is proximately due to his service-connected right knee injury, and thus grants service connection for this condition.

The Board found that the Veteran's heart disorder, diagnosed as aortic valve replacement, did not manifest during service or for many years thereafter and is not linked to his military service. Therefore, the claim of service connection for a heart disorder was denied.

The Board has remanded the case for additional development, including obtaining medical opinions regarding whether the Veteran's left hip condition is related to his service-connected conditions and if any of these conditions aggravated his left hip condition.

The Veteran's claims for service connection for colon and rectum cancer, as well as brain tumors, are being remanded due to the need for additional development including C&P examinations.

The Board has determined that the Veteran's left hip disorder existed prior to his military service and was not aggravated by active duty, thus denying service connection.

The Veteran's non-small cell lung carcinoma residuals have been rated at 60 percent from January 1, 2013 to December 30, 2014 and at 30 percent from December 29, 2014 forward.

The Veteran's claim for TDIU was granted, and the Board found that he is unemployable due to his myasthenia gravis disability. The issue of an extraschedular rating for myasthenia gravis prior to March 7, 2008 remains pending.

The Veteran's appeal is being remanded for further development to determine his employability due to his service-connected lumbar spine disability.

The Board has determined that additional development is needed to fully understand the Veteran's debt and its validity, as well as his entitlement to a waiver of recovery for medical services. The case will be returned to the AOJ for further action.

The Veteran seeks service connection for squamous and basal cell carcinoma, which he claims is due to exposure to herbicides and jet fuels in service. The case is being remanded for further development including obtaining updated medical records and a VA examination.

The Board denied the appellant's claim for a plot allowance as part of nonservice-connected burial benefits, finding that the Veteran was eligible and entitled to $350 based on the new regulations applicable to claims pending after July 7, 2014.

The Veteran's post-operative residuals of recurrent angioma of the right tibia have resulted in functional impairment including pain, swelling, and tenderness. The Board denied a rating in excess of 10 percent.

The Veteran's appeal was dismissed due to his death, and no decision on the merits of the claim can be made.