Other conditions decisions — 2019

The Veteran's claim for a rating in excess of 30 percent for right eye trauma with retained intraocular foreign body, surgical aphakia, and exotropia was denied. The Board found that the evidence did not support a higher rating based on visual impairment or incapacitating episodes. For tinnitus, service connection was denied as there is no competent medical evidence linking the condition to his service-connected right eye disability.

The Board denied the appellant's claim for accrued benefits as it was not filed within one year of her grandmother's death.

The Veteran requested to withdraw his appeal for service connection for shortness of breath, and the Board dismissed the claim as a result.

The Veteran's discharge from the United States Marine Corps is under conditions other than honorable, which may affect his eligibility for education benefits under Chapter 33 (Post-9/11 GI Bill). The Board has ordered a remand to obtain complete service personnel records and verify if the character of his discharge has been upgraded.

The Board denied a rating greater than 60 percent for the Veteran's right lung disability and granted entitlement to TDIU due to service-connected disability, but found that the preponderance of evidence did not support an increased rating or TDIU.

The Veteran's service did not qualify for the basic entitlement to nonservice-connected death pension benefits as he did not have qualifying, active military service. The claim is denied.

The Veteran's appeal for educational assistance under the Post-9/11 GI Bill (Chapter 33) was denied because he had already used his active duty service to qualify for Chapter 30 benefits, and there is no other qualifying period of service.

The Board has granted an initial disability rating of 50 percent for the Veteran's left iliac fracture, status post gunshot wound to the left pelvis and buttock (Muscle Group XVII). The injury is evaluated as a severe muscle injury under Diagnostic Code 5317.

The Board has determined that the Veteran's urticaria with angioedema and anaphylaxis is related to her service, as her preexisting allergies worsened during active duty service.

The Board denied the Veteran's claim for service connection for an eye disability (other than light sensitivity) as there is no current diagnosis of such a disability.

The Board has reopened the claim for service connection of HSV-2 and granted it, finding that the Veteran experienced an in-service onset of the disease.

The Board denied the appellant's claim for Post-9/11 GI Bill educational assistance benefits as her father had not been approved for the transferability program. The Veteran served on active duty in the U.S. Navy from November 1992 to November 2012.

The Board denied the claim of service connection for the cause of death and also denied recognition as a surviving spouse due to her remarriage after the Veteran's death.

The Board has remanded the cases due to inadequate opinion regarding the relationship between the Veteran's appendiceal cancer and his service, specifically presumed exposure to herbicide agents. The cause of death claim is inextricably intertwined with the service connection claim.

The Board denied service connection for prosthesis AVE and bypass surgery, finding no evidence of a direct relationship to service or herbicide exposure.

The Veteran's claim for service connection for other specified trauma and stressor related disorder (initially claimed as PTSD) is denied because there is no evidence of a diagnosis of PTSD in accordance with DSM-V based on a stressor event in service, and the evidence does not support that his current diagnosed 'other specified trauma and stressor related disorder' is related to a disease or injury in service.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is dismissed as moot because he has already been receiving a 100% disability rating and Special Monthly Compensation.

Your appeal has been dismissed because your request was not submitted within the required timeframe and there is no valid case or controversy to review.

The appeal was dismissed due to the death of the Veteran, and no jurisdiction remains for further action.

The Board has remanded the case due to a lack of a VA examination and opinion regarding the relationship between the Veteran's right true vocal cord squamous cell carcinoma and his in-service exposure to contaminants.