Other conditions decisions — 2018

The Veteran is granted service connection for HPV positive squamous cell carcinoma of the right tonsil and a total disability rating based on individual unemployability due to service-connected disabilities, effective from October 2015.

The Board has dismissed the appellant's claims as they are not eligible to substitute for the deceased Veteran in these appeals, which were not for accrued benefits.

The Board has determined that the Veteran's current neck disability, diagnosed as cervical strain and segmental dysfunction at C4-5 and C5-7, had its onset in service and symptoms have recurred to the present day. The claim for chest pain is also granted.

The Board denied the Veteran's appeal for education benefits under Public Law 550, finding that he did not meet eligibility criteria for a change of program due to unsatisfactory progress in his current program and lack of progression from one type of training to another.

The Veteran's service-connected residuals of a mandible jaw fracture with loss of teeth are characterized by loss of masticatory surface that can be restored by suitable prosthesis, and therefore do not meet the criteria for a compensable rating.

The Board has determined that the Veteran's left foot neuroma did not manifest within one year of separation from active service and is not otherwise caused by active service. As such, the claim for service connection for left foot neuroma is denied.

The Veteran's initial claim for a higher evaluation for metachronous carcinoma of the colon, status post subtotal colectomy with scar was granted. The current 40 percent rating is maintained.,Service connection for fecal urgency (loss of sphincter control) was also granted and assigned an effective date of October 13, 2015.

The Board has remanded the case due to inextricably intertwined issues with the Veteran's attempt to reopen his claim for an upgraded character of discharge for VA purposes. The Veteran should be given a chance to submit any completed DD Form 149 and response received from the Board for Correction of Naval Records (BCNR).

The Board has granted an effective date of June 8, 2005 for the award of nonservice-connected disability pension benefits.

The Board denied the Veteran's claim for service connection for a bilateral leg and foot disorder, finding that his condition did not manifest in service or due to exposure to herbicide agents. The VA examiner concluded that the Veteran's current disability is more likely related to age and familial factors rather than service.

The Veteran's claim for an initial rating in excess of 50 percent for service-connected mood disorder was denied. The Board found that the evidence did not show total occupational and social impairment, which is required for a higher rating.

The Veteran's eye (vision) disability did not meet the criteria for a compensable evaluation prior to May 6, 2010, an evaluation in excess of 10 percent from May 6, 2010 to March 16, 2015, and a compensable evaluation from March 17, 2015. The evidence did not show acute symptoms severe enough to warrant bed rest and treatment by a physician or other healthcare provider; the corrected distance vision was better than 20/40 bilaterally; and there was no visual field defect.

The Board found that the Veteran's bladder disorder did not begin in service and is not related to his service-connected conditions or any exposure to herbicides. Therefore, the claim for service connection was denied.

The Veteran's appeal is remanded to clarify whether an alternative diagnostic code might be more appropriate to rate his disability, and to determine if the Veteran wishes to continue his appeal for an extraschedular rating.

The Board denied accrued benefits for reimbursement of the expenses related to the Veteran's last sickness due to a lack of evidence showing that the appellant used her own funds to cover these expenses. The appellant was managing the Veteran's funds on his behalf.

The Veteran's claims for increased disability ratings were denied as he failed to report for a scheduled VA examination.

The Veteran's cause of death was determined to be metastatic adenocarcinoma, which the Board found not related to service. The appellant is also denied Dependents' Educational Assistance (DEA) benefits as her husband did not have a permanent total service-connected disability at the time of his death.

The Veteran's claim for an effective date prior to February 13, 2008 for a 40 percent disability rating for bilateral serous retinopathy with scotoma and left eye blindness was denied as it was not factually ascertainable that the condition had increased in severity prior to this date.

The Board has determined that the Veteran's bilateral foot disorders and right foot arthritis were not incurred or aggravated by active service, as there is no evidence of chronicity during service or within one year after separation. The disorders are more likely related to his post-service occupation as a sports instructor.

The Veteran's appeal has been dismissed due to their death, and the Board does not have jurisdiction to proceed with the case.