Other conditions Board decisions

The Board found that the Veteran does not have a current hearing disability in his left ear for VA purposes, and thus denied service connection.

The Veteran's joint aches, memory loss, and insomnia are not considered to be related to his service or due to an undiagnosed illness as a result of service in the Persian Gulf theatre of operations.

The Board has granted service connection for the Veteran's spinal stenosis with moderate degenerative arthropathy and assigned a noncompensable rating, effective May 3, 2005. The Veteran is not entitled to an initial compensable rating prior to October 1, 2009, but is entitled to a 10 percent rating from that date.

The Veteran is seeking to establish service connection for diplopia as a residual of a head injury sustained during active duty. The appeal is currently remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claim for service connection for muscle twitching and muscle spasms, including as a qualifying chronic disability under 38 C.F.R. § 3.317. The Veteran served in Kuwait during his second period of active duty.

The Board denied the Veteran's claims for an effective date prior to December 8, 2006 for a 30 percent evaluation and earlier service connection due to lack of evidence showing an increase in disability within one year before the claim was received.

The Veteran's dystrophic fingernail, right index finger has been manifested by complaints of pain and sensitivity to cold temperatures. The disability does not result in disfigurement or other complications that would warrant a higher rating. Since March 28, 2006, when service connection became effective, the criteria for an initial 10 percent rating have been met.

The Board has determined that the Veteran's cancer of the right neck and tongues areas is presumed to have been incurred during his military service due to exposure to herbicides, specifically Agent Orange.

The Veteran's skin lesions of the neck/scalp are found to be service-connected, and he is granted a 20 percent disability evaluation for BPH. The issues related to maxillary sinusitis, lumbar spine, heart condition, and right knee degenerative arthritis remain pending.

The Board has determined that an effective date earlier than February 23, 2009 for recognition of the Veteran's spouse as a dependent is not warranted.

The Veteran's claim for service connection for herpes is being remanded due to the need for additional medical examination and records.

The Veteran is entitled to a 20 percent disability rating for his left lower extremity atherosclerotic peripheral vascular disease.,The Veteran is also entitled to a 20 percent disability rating for his right lower extremity atherosclerotic peripheral vascular disease.

The Board has determined that the Veteran's non-Hodgkin's lymphoma residuals, including a right axillary scar, do not warrant an initial compensable evaluation as there is no active disease or residual disability.

The Board found that the Veteran does not have ALS, and the disorder characterized by muscle weakness did not onset in service or is causally related to service. Therefore, service connection for a disorder characterized by muscle weakness was denied.

The Board denied the veteran's claim for a one-time payment from the FVECF due to lack of qualifying service, as determined by the National Personnel Records Center (NPRC).

The Veteran, who served during World War I and died in 1973, is not eligible for a government-furnished headstone or grave marker because he was buried in a private cemetery prior to the eligibility criteria being established.

The Veteran's claim for educational assistance benefits under the Post-9/11 GI Bill Program is remanded due to his contention that he should have received an honorable discharge, despite being discharged under honorable conditions. The AOJ will provide the Veteran with forms to initiate a request for review of his discharge and potentially upgrade it.

The Veteran's service-connected lymphatic filariasis has been evaluated as 10 percent disabling for the groin area, and separate evaluations of noncompensable ratings have been assigned for edema in both lower extremities. The appeal is granted.

The Veteran's cause of death was due to adenocarcinoma of the pancreas with metastasis, and bilateral pulmonary congestion contributed as a contributory cause. The service connection for these conditions is denied as they are not related to his military service.

The Veteran's HIV was rated at 30 percent since December 15, 2009. The Board found that the evidence did not meet criteria for a higher rating prior to this date.