Other conditions decisions — 2017

The Board has remanded the case for additional development, including obtaining the Veteran's complete claims file and records from Folsom Lake College. The claim will be reviewed after this additional development.

The Veteran's apportionment of VA benefits for his minor child was granted at $500 per month, effective January 21, 2015.

The Board has determined that the Veteran's claimed peripheral vascular disease and cellulitis are not related to his active duty service, with the exception of a resolved case of cellulitis in service. As such, the claims for service connection have been denied.

The Veteran's annual income has exceeded the maximum annual disability pension limit for special monthly pension on the basis of the need for aid and attendance of another person, even considering unreimbursed medical expenses.

The Veteran's surviving spouse had a valid claim for nonservice-connected death pension benefits, and the appellant is entitled to accrued benefits in the amount of $4,525.

The Veteran's claim for service connection for a disorder of the left lower extremity, including Legg Perthes disease and a cracked femur, is being remanded due to the need for additional development.

The Board has determined that the Veteran's left hip osteopenia had its onset during service and grants service connection for this condition.

The Veteran's trochanteric bursitis of the right hip with retained shrapnel is rated at 40 percent, but the Board finds that a higher rating of 50 percent is warranted based on severe impairment of muscle group XVII.

The Board has found that the Veteran does not have a current diagnosis of a right hand disability and therefore, service connection for this condition is denied.

The Veteran's service-connected left ear hearing loss is rated at 10 percent since September 2009 and April 2012, but not in December 2009 or January 2012. The non-service-connected right ear hearing loss does not satisfy the regulatory criteria for hearing loss.

The Veteran's ratings for peripheral vascular disease of the right and left lower extremities have been increased to 20 percent effective July 20, 2010, and to 40 percent effective September 23, 2015.

The Board has determined that the Veteran's death was caused by cancer of the base of the tongue, which is presumed to be due to his exposure to Agent Orange during service in Vietnam. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Veteran's claim for service connection for bilateral tendonitis was denied as there is no current diagnosis of the condition.

The Board has denied the Veteran's claims for service connection for residuals of a snake bite and an initial compensable disability rating for bilateral hearing loss.

The Board has remanded the case due to procedural issues, including failure to provide a Statement of the Case and hearing notice. The appellant is entitled to a contested claim procedure and must be provided with proper notification.

The Board found that the appellant's character of discharge from active military service is a bar to VA benefits, including compensation and pension benefits.

The Board has denied the claim of service connection for heat stroke, finding that there is no current disability and that the event did not occur during active duty. The evidence submitted since the last decision does not establish a new or material fact to reopen the claim.

The Board has determined that additional development is needed to address the Veteran's discharge character issue, including obtaining missing service records and information regarding his arrest and conviction prior to military service.

The Board denied the Appellant's claim for an effective date prior to September 3, 2010, for the award of SMC based on a higher level care. The Board found that it was not factually ascertainable that the Veteran needed a higher level of care as defined by regulation prior to September 3, 2010.

The Veteran's claim for service connection for a right eye disability was denied in October and November 1985. The next claim for service connection was filed on July 21, 2010. The Board finds that the effective date of July 21, 2010 is proper as there were no additional relevant records associated with the claims file at the time of the earlier denials.