Other conditions Board decisions

The Veteran's appeal has been withdrawn due to his decision not to continue with the case.

The Veteran's claim for a higher rating for his status post resection of the sigmoid colon and closed colostomy was granted, with a current 20 percent evaluation. The issue regarding a right femur fracture remains pending.

The Board granted service connection for a right hip disorder and awarded an increased disability rating of 30 percent for the Veteran's right knee anterior cruciate ligament deficiency effective April 19, 2010.

The Board has determined that the Veteran's claims for service connection for excessive fatigue and joint pains, to include as due to undiagnosed illnesses, have been denied because the newly received evidence does not relate to unestablished facts necessary to reopen the previously denied claims.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and requesting an addendum to the VA examination report. The issues on appeal are service connection for a back injury and whether new and material evidence has been received to reopen a claim of entitlement to service connection for residuals of a fracture of the right leg.

The Veteran's eligibility for VA Post 9/11 GI Bill education benefits is denied because his countable active service for the purpose of meeting the 30-day requirement under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill) is less than 30 days.

The Board has remanded the case for additional development, including obtaining VA treatment records and a neurological examination to determine if the Veteran's lower extremity numbness is related to his service-connected low back disability.

The Board has denied the Veteran's claims for service connection for a right leg disability and an increased rating for her bilateral hip disabilities. The evidence does not support the presence of a current right leg disability, aside from her right hip and right knee disabilities. For her bilateral hip disabilities, the evidence shows moderate impairment in the right hip but no limitation in the left hip. No ankylosis or flail joint has been shown.

The Veteran's right hip pain is found to be related to his service-connected lumbar spine disability, and not a distinct condition warranting separate service connection.

The Board found that the Veteran's current left hand disorder, including Dupuytren's Contracture and osteoarthritis, is not related to service. The condition was diagnosed prior to his military service and there is no evidence of its onset or aggravation during active duty.

The Board denied the Veteran's claim for an effective date prior to June 16, 2006, for the grant of service connection for degenerative joint disease of the left hip. The earliest effective date allowed under VA regulations is June 16, 2006.

The Veteran's claim for an increased rating for his residuals of a chip fracture of the right elbow has been granted, with a 20 percent disability rating effective January 18, 2009.

The Veteran's appeal is being remanded due to her failure to appear for a scheduled hearing. She was previously granted a videoconference hearing but failed to attend.

The Board has granted the Veteran's claim of service connection for a cardiac disability, specifically atrial fibrillation. The criteria for service connection have been met as there is evidence of in-service symptoms, current diagnosis, and continuity of symptomatology since service.

The Board has determined that the Veteran's right hip disorder did not manifest during service and is not related to any in-service injury. As a result, the claim for service connection for a right hip disorder is denied.

The Board found that there is no evidence linking the Veteran's current bilateral hand and finger stiffness or residuals of cold injury to his active service, including exposure to cold weather. The claim for service connection was denied.

The Veteran's service-connected left and right leg shin splints/stress fractures are currently rated as noncompensable under Diagnostic Code 5262. The evidence does not meet the criteria for a compensable rating based on painful motion or periarticular pathology.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claim of service connection for EBV remains pending, as does his request for an increased evaluation for PTSD.

The Veteran's daughter is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because she was already 26 years old when her father's permanent and total disability rating became effective.

The Veteran's metastatic adenocarcinoma of the right lung, status post right upper lobectomy, is not service-connected due to lack of a primary diagnosis. The claim for rectal/colon adenocarcinoma (status post abdominoperineal resection) was previously denied and has not been appealed.