Other conditions decisions — 2019

The Board denied the Veteran's request to extend his delimiting date for Post-9/11 GI Bill (Chapter 33) education benefits, as he was already eligible until July 1, 2018 and had been enrolled in school up to that point.

The Veteran's death was not service connected, and therefore he did not meet the criteria for nonservice-connected burial benefits.

The Board has remanded the case due to missing Navy records related to an upgrade of the appellant's discharge character.

The Veteran's service was less than 90 days during a period of war, so he is not eligible for non-service-connected pension.

The Board denied the Veteran's claim for service connection for a dental disorder for compensation purposes because there was no evidence of dental trauma with loss of substance of the body of maxilla or mandible during active duty.

The Board previously granted a TDIU based on service-connected disabilities from August 20, 2009, until June 27, 2011. However, due to CUE in the decision, it is now remanded for an extraschedular determination.

The Board's decision granted a TDIU effective from August 20, 2009. However, it was found to have CUE in applying the criteria for schedular TDIU and thus must be revised to reflect a remand of this issue.

The Board has denied service connection for a collapsed lung and memory loss as there is no evidence of current disabilities.

The Veteran's appeal for TDIU was dismissed as he and his representative withdrew the appeal prior to a decision being made.

The Board has determined that the Veteran's lung cancer, which was a primary cause of his death in September 2016, is related to service. The evidence is in equipoise as to whether the lung cancer was caused by exposure to hazardous chemicals and carcinogens during military service.

The Veteran's appeal for a rating in excess of 10 percent for adjustment disorder and the claim for an effective date prior to December 22, 2009, are dismissed due to the death of the Veteran.

The Board has decided that further development is needed before a decision can be made on the apportionment of the Veteran's VA benefits. The appellant must provide financial information to determine if the minor child should receive any portion of the Veteran’s benefits.

The Veteran's claim for an initial rating in excess of 10 percent for his service-connected neuralgia is remanded due to the need for a new VA examination.

The Veteran's right foot hallux valgus, status post bunionectomy, distal Akin osteotomy and Tailor's bunionectomy is currently rated at 10 percent. The Board finds that the evidence does not support a higher rating.

The Veteran's recurrent bilateral spontaneous pneumothoraces with interstitial lung disease was manifested by post-bronchodilator Forced Vital Capacity (FVC) readings of 75 to 80 percent predicted or pre-bronchodilator Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) readings of 66 to 80 percent predicted. The Board found that a higher rating was not warranted under either Diagnostic Code and denied the claim.

The Board has granted service connection for residuals of testicular cancer and a nodule on the left testicle, finding that these conditions may be presumed to have been incurred in service.

The Veteran's meralgia paresthetica of the right lateral thigh is currently rated at the highest available rating (10%) due to severe to complete paralysis. The Board has referred his claim for an increased rating and TDIU to VA’s Director of Compensation Service for extraschedular consideration.

The Board found that the appellant's discharge from service was due to willful and persistent misconduct, not a minor offense. As such, his discharge is considered dishonorable, which bars him from receiving VA benefits.

The Veteran's gastric cancer is found to be related to his service-connected duodenal ulcer, and the Board grants service connection for this condition.

The Board has determined that the Veteran's respiratory disorder preexisted service and was not aggravated by service, thus denying her claim for service connection.