Other conditions Board decisions

The Board found that the cause of death, acute heart failure, was not related to service-connected conditions and denied reopening the claim for service connection.

The Veteran's CVA, status post right vertebral stent, is found to be related to his service-connected type II diabetes mellitus and thus granted as secondary service connection.

The Board found that the Veteran's death was not caused by VA carelessness, negligence, or similar instance of fault. The August 2010 VA physician concluded that the decision to not electively repair the left inguinal hernia was medically reasonable and there was no evidence of fault on the part of VA.

The Board found that the Veteran was not a fugitive felon and therefore compensation should not have been adjusted due to a fugitive felon match. The appeal is denied.

The Veteran's service records indicate she was honorably discharged due to a service-connected stress fracture. She is entitled to only 7 months of Chapter 30 educational assistance, not the full 36 months initially granted.

The Veteran's delimiting date for use of educational benefits under the Montgomery GI Bill (MGIB) was October 1, 2008. The Board found that he is not entitled to an extension of eligibility and denied his request.

The Board denied the Veteran's request to reopen his claim for service connection for arthritis of multiple joints, including the knees, hips, hands, and spine due to lack of new and material evidence.

The Board found the October 2005 Notice of Disagreement timely filed, and thus granted service connection for arteriosclerotic cardiovascular disease.

The Veteran's request for service connection for a bilateral shin disorder is remanded due to his request for a Board hearing.

The Veteran's claim for an increased rate of SMC is being remanded due to the need for further examination and consideration regarding loss of use of both hands, as well as his service-connected disabilities.

The Veteran's claims for a higher rating and service connection were denied. The effective dates for the awards of ratings and service connection were determined to be March 29, 2005.

The Board denied an increased rating for postoperative residuals of bilateral inguinal hernias, currently rated at 10 percent.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the Veteran for purposes of establishing eligibility for VA death pension benefits.

The Board found that the Veteran's polysubstance abuse was a result of his own willful misconduct and not related to any service-connected condition. The claim for secondary service connection based on PTSD was also denied.

The Board has remanded the claim for a total disability rating based on individual unemployability due to service-connected disability (TDIU) to allow further consideration of the Veteran's employment history, educational and vocational attainment, and other factors having a bearing on his ability to secure or follow substantially gainful employment.

The Veteran does not have residual disability that is attributable to a cold injury during his active military service.

The Veteran's service-connected left elbow disability, which includes a fracture of the left lower humerus and traumatic arthritis with limitation of motion, is currently rated at 30 percent. The Board found that the evidence did not support a higher rating as there was no ankylosis or other conditions warranting a higher evaluation.

The Veteran's cancer of the right lung, which was resected in January 2005, does not meet the criteria for a higher evaluation as it did not result in FEV-1 less than 40 percent predicted or DLCO less than 40 percent predicted.

The Board has determined that the Veteran's current left great toe degenerative joint disease is causally related to injury during her service and grants service connection for this condition.

The Veteran's bilateral hallux rigidus with arthritis is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.