Other conditions decisions — 2017

The Board has decided to remand the case for further examination and development due to the vagueness of prior examinations.

The appellant's income exceeded the maximum annual income limitations for nonservice-connected death pension benefits, thus she is not eligible for these benefits.

The Veteran's service-connected bronchial spasms and reactive airway disease with allergic component do not meet the criteria for a higher disability rating. The Board finds that his condition has improved, as evidenced by recent pulmonary function tests showing less bronchodilator reversibility but still within normal limits. For TDIU, while the Veteran's service-connected conditions prevent him from obtaining and maintaining substantially gainful employment in physical labor fields, he is capable of light duty or sedentary employment.

The Veteran's bronchiectasis with drug dependence is currently evaluated at a 60 percent rating since August 5, 2013. The evidence does not meet the criteria for a higher evaluation under any applicable diagnostic code.

The Veteran's duodenal ulcer is rated at a 40 percent since November 7, 2011.

The Board found that the Veteran's current right second toe swelling is not related to his military service, specifically a hairline fracture sustained during active duty. The claim for service connection was denied.

The Board found no clear and unmistakable error in the February 1997 rating decision that denied service connection for a nervous condition. The evidence showed that the Veteran's condition existed prior to service, and there was no evidence of permanent worsening as a result of service.

The Veteran's claims for increased ratings for residuals of a right fibula fracture, left hand shell fragment wound, and right chest shell fragment wound have been denied as there is no evidence of any compensable disability.,There are no scars or other service-connected conditions affecting the Veteran's hands or chest that warrant separate evaluations. The Veteran has full range of motion in all joints and normal neurological examination results.,The Veteran is currently unemployed, but this does not affect his entitlement to a TDIU as there is no indication of any impairment due to service-connected disabilities.

The Veteran's claim for service connection for a psychiatric disorder manifested by dementia symptoms, currently characterized as alcohol use disorder, is pending. The TDIU claim from April 4, 2000 to January 8, 2014 remains undecided due to the intertwined nature of the claims.

The Board has determined that further clarification is needed regarding the etiology of the Veteran's eye and jaw disabilities, as well as whether they are related to his active service. The case is therefore being remanded for additional examinations and medical clarifications.

The Veteran's claim for dependency benefits was received on August 25, 2009. The effective date of the award is set at September 1, 2009, as this is the earliest possible effective date based on the facts found.

The Board has reopened the claim for service connection for a skin disorder and granted it, finding that new and material evidence had been received. The Veteran's current skin disorders are presumed related to his exposure to herbicide agents in Vietnam.

The Veteran's left lower lip numbness is rated at 20 percent, the highest available rating under Diagnostic Code 8407 for incomplete paralysis of the seventh cranial nerve. The Board finds that this rating adequately reflects the severity and functional impact of the condition during the appeal period.

The Board has reopened the Veteran's claim for service connection for a bilateral hip disability and granted it, finding that there is at least equipoise evidence to support a nexus between his current bilateral hip disability and his service-connected right knee condition.

The Board has remanded the case for scheduling a hearing at the local regional office before a Veterans Law Judge (Travel Board hearing). The appellant's eligibility for participation in the Veterans Retraining Assistance Program (VRAP) is being reviewed.

The Veteran's service-connected residuals of fracture to right tibia and fibula have remained unchanged, and the claim for a higher disability rating is denied.

The appellant is not recognized as the surviving spouse of the Veteran for purposes of entitlement to Dependency and Indemnity Compensation (DIC) benefits due to her marriage occurring less than one year prior to the Veteran's death.

The Veteran's service-connected TBI with migraine headaches is alleged to have caused or aggravated his current left clavicle, rib, and thoracic spine disabilities. The VA examiner will be asked to determine if these conditions are at least as likely as not caused by or permanently aggravated by the service-connected TBI.

The Veteran's appeal is denied as she has no legal entitlement to additional VA educational assistance benefits under Chapter 30 or Chapter 35, Title 38, United States Code.

The Board found that the Veteran's squamous cell carcinoma of the lymph nodes of the right side of his neck was not incurred in or aggravated by his active military service, including exposure to herbicides. The evidence did not establish a causal relationship between his current condition and his military service.