Other conditions Board decisions

The Board has remanded the case due to the lack of availability of the Veteran's service records, specifically his clinical records from Valley Forge General Hospital. The AMC is instructed to make arrangements to obtain these records and notify the Veteran of the results.

The case is being remanded for further development of the Veteran's claims, including obtaining additional medical records and scheduling appropriate VA examinations.

The Veteran's right and left foot disabilities, characterized by hallux valgus with associated hammertoes and bunionectomy, are rated at 20 percent each. The effective date is not specified as the increase in ratings was granted.

The Veteran's spouse is not eligible for Dependents' Educational Assistance benefits under Chapter 35 of Title 38 due to the expiration of her eligibility period and failure to apply for an extension.

The Veteran's service-connected residuals of a closed fracture of the left ring finger are currently rated as noncompensable due to lack of compensable limitation of motion or ankylosis.

The Board has remanded the case for a new VA examination to determine if the Veteran's current neurological disorder of the right upper extremity is related to his service-connected cervical degenerative disc disease.

The Veteran's appeal for equitable relief is dismissed as the Board does not have jurisdiction to address this issue.

The Veteran's claim for an earlier effective date of February 9, 1989 for the grant of individual unemployability (TDIU) is granted.

The Board denied reopening the claim for service connection for bilateral corneal macula due to lack of new and material evidence, as the submitted evidence was cumulative.

The Board denied the Veteran's claim for an earlier effective date of May 17, 2006 for his total rating for compensation based on individual unemployability. The appeal is dismissed as there was no clear and unmistakable error in the July 1981 decision.

The Veteran has withdrawn his appeals on both issues before the Board, and hence they are dismissed.

The Veteran's residuals of compression fractures of the thoracic spine are currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the current evidence.

The Veteran's hidradenitis suppurativa was initially rated noncompensable, but a higher rating of 60 percent is granted as of February 3, 2010. The scar residuals are rated at 30 percent since September 16, 2011.

The Veteran's death was used to file a claim for automobile and adaptive equipment as an accrued benefit, but the Board found that this is not a valid claim because financial assistance in the purchase of an automobile does not qualify as a periodic monetary benefit for which accrued benefits may be authorized.

The Board has determined that the appellant's deceased husband did not have qualifying military service to establish eligibility for VA benefits, and thus, she is not eligible for VA death benefits.

The Veteran's service-connected residuals of a mixed tumor of the parotid gland with scar are manifested by decreased sensation on the right side of the face, drooling, dry mouth and seepage at the surgical site. The Board finds that a 10 percent evaluation is warranted for this condition.

The Veteran's irrevocable election for educational benefits under the Post-9/11 GI Bill program in lieu of benefits under the Montgomery GI Bill program is upheld, and he cannot receive both programs concurrently.

The Board in 1956 incorrectly applied the presumption of soundness, leading to a denial of service connection for defective hearing. The Court reversed this decision and held that if the Board had correctly applied the law at the time, it would have found service connection due to the Veteran's preexisting condition worsening during service.

The Veteran's additional disability of damage to the stylomandibular tendon was caused by VA's carelessness in performing dental surgery, warranting compensation under 38 U.S.C.A. § 1151.

The Veteran's claim for educational assistance benefits under the Post-9/11 GI Bill was denied as he had already used a total of 48 months of education benefits, which is the maximum allowed by law.