Other conditions Board decisions

The Veteran's claim for increased evaluations for his service-connected status post fracture of the mandible with temporomandibular joint dysfunction was denied. The Board found that the evidence did not support an evaluation in excess of 10 percent prior to May 10, 2006 or a rating greater than 30 percent from May 10, 2006 to October 7, 2010.

The Veteran's request for an extension of his Chapter 30 educational assistance benefits beyond October 28, 2006 was denied as there is no legal authority to extend the delimiting date based on the facts presented.

The Board finds that the Veteran does not have a current pulmonary disorder and that any such disorder is less likely due to service, including exposure to asbestos. The claim for service connection is denied.

The Board has reopened the claim for service connection for the cause of death and granted accrued benefits. The Veteran's cause of death, meningoencephalitis from listeria, is being evaluated in light of possible links to his military service.

The Veteran's initial claim for a compensable rating for arthritis of the right elbow has been granted, but there is an issue with obtaining the March 2013 VA examination report. The case is being remanded to obtain this document.

The Board has determined that the appellant is not entitled to nonservice-connected death pension benefits from January 1, 2012 to December 31, 2012 due to her income exceeding the maximum annual pension rate.

The Veteran's hypercoagulability disorder, Factor Leiden 5 mutation and protein C and S deficiency is a congenital defect that was not subject to a superimposed disease or injury during military service resulting in additional disability. The Board finds that the condition does not meet the criteria for direct service connection.

The Veteran's death was caused by the cause of death, and his service connection for this condition is being remanded due to a need for additional development regarding exposure to herbicides.

The Board found that the Veteran's genitourinary disability, claimed as urinary stricture and meatal stenosis, is not related to his active service. The VA examiners concluded that any current condition is more likely due to BPH (benign prostatic hypertrophy) rather than a service-related issue.

The Board has remanded the case for further development, including obtaining updated VA treatment records and requesting an opinion from a VA examiner regarding the Veteran's respiratory findings. The Veteran's claim will be reconsidered based on this additional evidence.

The Board found that the Veteran's myasthenia gravis was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran's service-connected bilateral maculopathy does not result in decreased visual acuity, field loss, or pain. Therefore, a compensable evaluation is not warranted.

The Board found no evidence of a heart disorder during service or within one year post-service, and the Veteran's current diagnosis does not qualify for presumptive service connection based on exposure to herbicides. The VA examiner could not provide a definitive opinion without resorting to speculation.

The Board found that the Veteran's left leg disability was not caused by VA hospital care, medical or surgical treatment, or examination and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Veteran's claim for a higher rating for his service-connected posttraumatic deformity of the right tibia and fibula was denied, as it did not meet the criteria for a higher rating. His TDIU claim was also denied due to his ability to secure and follow substantially gainful employment.

The Board found that the evidence received since the January 2003 rating decision does not raise a reasonable possibility of substantiating the claim for service connection for an acquired psychiatric disability, and thus denied reopening the claim.

The Veteran's claim for an increased rating in excess of 10 percent for his right hip disability is being remanded due to the need for a new examination to assess the current severity and any associated neurological symptoms.

The Veteran's request for a waiver of an overpayment of $525 was granted due to the small amount, lack of fault on either party, and the Veteran's current homelessness which would cause undue hardship if he were required to repay.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to determine the nature and etiology of any diagnosed heart disability.

The Board has determined that additional records are needed to properly adjudicate the Veteran's claim for a total disability rating due to individual unemployability (TDIU). The case is therefore being remanded for further development.