Other conditions decisions — 2018

The Veteran's initial and increased ratings for left hip disability are granted, but the case is REMANDED to obtain additional medical records and reassess his current condition.

The Board has received new evidence that suggests the Appellant is the Veteran's surviving spouse. The decision on this issue will be reconsidered based on all available evidence, and a supplemental statement of the case will be issued.

The Veteran's irrevocable election to receive Chapter 33 benefits in lieu of Chapter 30 benefits is upheld, and his claim for Chapter 30 education benefits is denied.

The Board has decided to remand the case due to a need for additional medical examination and opinion regarding service connection for residuals of low-back injury. The claim will be reconsidered after this development.

The Board has remanded the case due to insufficient evidence regarding the Veteran's claimed Somatoform Disorder, and additional development is needed.

The Board denied service connection for a right hip disability because the Veteran's injury was caused by his own willful misconduct, and thus not incurred in line of duty.

The Veteran's death was not caused by his service-connected disabilities, and he did not meet the criteria for DIC benefits under 38 U.S.C. § 1318.

The Veteran's left foot impairment is granted as secondary to his service-connected back disability. The right hand fracture claim for an initial compensable rating is denied. The Board has remanded the issues regarding increased ratings for left and right hip conditions due to inadequate examinations.

The Board is unable to determine if the appellant's training at Meridian Technical College led to a secondary school diploma or equivalency certificate, and thus needs more information from the appellant.

The Board denied service connection for a heart condition (claimed as congestive heart failure and coronary artery disease) due to herbicide exposure, finding that the Veteran's diagnosed conditions did not manifest during or as a result of his military service.

The Board denied the Veteran's claim for service connection for hyperhidrosis with associated rhabdomyolysis, finding that there was clear and unmistakable evidence showing the condition preexisted service and was not permanently aggravated by service.

The Veteran's claim for a higher evaluation for residuals of left tibia and fibula fracture is denied. The Board found that an evaluation in excess of 10 percent would violate the amputation rule as his left lower extremity has a combined rating of 60 percent, which is the maximum allowed for a knee amputation at the knee level.

The Board has remanded the case due to the need for a new examination and opinion regarding the nature and etiology of any current or previously-diagnosed right hip disorder, including residuals of a right hip dislocation.

The Board has determined that the appellant is a surviving spouse of the Veteran for purposes of receiving VA benefits and DIC benefits, as she was legally married to him at the time of his death.

The Veteran's service dates do not meet the eligibility requirements for Montgomery GI Bill educational benefits.

The Board has remanded the case due to an inadequate VA examination and opinion regarding whether the Veteran's chalazion of the left eye was aggravated by his service-connected sickle cell retinopathy.

The Veteran's left elbow disability, characterized by limited range of motion and pain, is currently rated at 20 percent for limitation of flexion and extension. A separate 10 percent rating is assigned for limitation of supination and pronation.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, considering his educational and occupational history.

The Board has remanded the case for further development due to non-compliance with previous directives. The Veteran's appeal includes claims for an initial rating higher than 10 percent for residuals of surgery for a throat condition, TDIU on an extraschedular basis prior to July 27, 2006, and SMC from July 19, 2013.

The Board is unable to make a decision on the claim for TDIU due to insufficient information about the Veteran's current employment status and Social Security Disability Income (SSDI) records. The case will be remanded to gather this information.