Other conditions decisions — 2019

The Veteran's death was not caused by a service-connected disability, and he did not have total disability permanent in nature resulting from a service-connected disability at the time of his death. The claim for Dependents’ Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code is also denied.

The Veteran's appeal for a housing allowance under Chapter 33 was denied because he was only taking 6 credit hours of in-residence study, which is less than half-time. The Board found that the Veteran did not meet the requirement to qualify for the housing allowance.

The Veteran is granted a compensable rating of 10 percent for scars from bilateral hernia repairs, but denied an initial compensable rating for his bilateral hernias.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current skin condition is related to his in-service skin conditions or to his exposure to Agent Orange while serving in Vietnam.

The Board denied the Veteran's claims for service connection for atrial fibrillation, finding no evidence of a direct relationship to his military service or any presumptive conditions associated with herbicide exposure. The Board also found insufficient evidence to support secondary service connection based on diabetes mellitus.

The Board has remanded the case due to incomplete service treatment records and procedural issues, but acknowledges that there is evidence suggesting a link between the Veteran's skin cancers and his military service.

The Board has determined that the AOJ failed to comply with the contested claims procedures and has requested additional information from both parties. The Veteran's participation in VA’s Vocational Rehabilitation and Employment (VR&E) program is noted, which may affect his income. Both types of apportionment authorized by VA regulation need to be considered.

The Board has remanded the Veteran's claims of entitlement to service connection for right and left hip disorders due to outstanding private treatment records, as well as insufficient medical evidence in the current record. The Veteran should be provided another opportunity to submit or identify any additional treatment records that are relevant to his claims on appeal.

The Board has granted an effective date of April 13, 2009 for the appellant's eligibility to Dependents' Educational Assistance (DEA) under Chapter 35. The decision is based on the fact that the Veteran had a service-connected disability at the time of his death and established basic eligibility for DEA in March 2011.

The evaluation of synovitis and bursitis with limitation of flexion, left hip, from 30 percent disabling to zero percent, effective August 1, 2015, was restored. The reduction in disability evaluation of synovitis and bursitis with limitation of flexion, right hip, from 20 percent to zero percent, effective August 1, 2015, was also restored.

The Board has remanded the Veteran's claims for hernia and bilateral upper extremity disorders due to insufficient medical evidence in the March 2018 VA opinion. The Veteran is required to undergo a VA examination to determine the nature and etiology of his hernia disorder, as well as his upper extremity/hand/finger tingling and numbness.

The Board denied the Veteran's claim for Chapter 33 education benefits in excess of 60 percent due to insufficient qualifying service. The Veteran had only 16 months of active duty after September 10, 2001, which is not enough to warrant a rate higher than 60 percent.

The Board denied service connection for a hematologic or lymphatic condition, diagnosed as MDS or myeloproliferative disorder, and Hodgkin’s disease. The Veteran's hematologic or lymphatic condition was not shown to be chronic in service or within the applicable presumptive period, and continuity of symptomatology is not established. The Board found that the Veteran did not have Hodgkin’s disease.

The Veteran's claim for VR&E benefits was denied due to his employment status and the severity of his service-connected disabilities. The Board has decided to remand the case for an additional functional capacity evaluation, as well as a vocational rehabilitation counselor assessment.

The Board has granted a rating of 30 percent for cholinergic urticaria, effective from the date of the decision.

The Board denied the Veteran's claim for service connection for residuals of heat exhaustion, including muscle cramps and spasms, finding no current disability.

The Veteran's eligibility for VA education benefits was granted based on his original DD 214, but the Board denied an extension of the delimiting date beyond April 3, 2017 due to errors in service records and lack of active duty after April 2, 2002.

The Veteran's temporomandibular joint disorder, including nocturnal bruxism, had its onset in service and is granted as direct service connection.

The Board denied an extraschedular rating for chronic onychomycosis, finding no exceptional or unusual features associated with the condition that would render impractical the application of the regular schedular standards.

The Veteran's lumbar spine disability, initially rated at 40 percent and unchanged for over 20 years, is currently evaluated as 20 percent due to limited range of motion. The claim for an increased rating is denied.