Other conditions decisions — 2008

The veteran's leg disorder and right superficial peroneal atrophy were granted service connection with a 10 percent evaluation effective March 28, 2007. The leg disorder is manifested by normal range of motion in the right knee and ankle, while the right superficial peroneal atrophy results in moderate incomplete paralysis of foot movements due to neuralgia.

The veteran died due to a head injury sustained outside a bowling alley, ruled as a homicide. The appellant claims the death was caused by an inservice brain aneurysm resulting from her husband's head injury in service.

The Board has remanded the case due to issues regarding the validity of an overpayment and its calculation, as well as whether the appellant is entitled to a waiver of recovery. The appeal will be returned for further adjudication.

The Board found no evidence to support the veteran's claim that his current lung disorders are due to asbestos exposure during service, and thus denied the claim.

The Board has remanded the case for further development due to the need to obtain SSA records and determine if the appellant's condition at age 18 was permanent incapacity for self-support.

The Board has remanded the case for further development, including verifying service dates and obtaining a VA oncology examination to determine if the veteran's multiple myeloma first manifested during his military service.

The appellant is not entitled to receive a greater amount of non-service-connected death pension benefits as she has been in receipt of the proper amount since December 1, 2004.

The veteran is seeking service connection for residuals of a head trauma, including headaches, and spinal stenosis. The Board has determined that additional development is needed to obtain clinical records from his in-service hospitalizations and to provide the veteran with an examination to determine if any current lumbar spine disorder, including spinal stenosis, is causally related to service.

The VA determined that the appellant's deceased husband had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he cannot be considered a veteran for purposes of establishing basic eligibility for VA benefits, including death pension benefits.

The Board denied the appellant's request to reopen his claim for basic eligibility for VA disability benefits due to lack of new and material evidence, as no verified service was found by the United States service department.

The veteran's service with the Philippine Army (USAFFE) from December 1941 to April 1945 was verified by the service department. However, this does not meet the eligibility requirements for nonservice-connected pension benefits under Title 38, Chapter 15 of the United States Code.

The Board denied the appellant's claim to reopen his basic eligibility for VA benefits due to a lack of new and material evidence, as all submitted evidence was either cumulative or did not relate to unestablished facts necessary to substantiate the claim.

The VA denied the appellant's request for Dependents' Educational Assistance (DEA) under Chapter 35, Title 38 of the United States Code for a course at Alternative Certification for Teachers (ACT) in San Antonio, Texas. The school was not approved for VA benefits and there is no information indicating eligibility for other programs.

The VA determined that the veteran does not have a current diagnosis of otitis media related to his service, and thus denied his claim for service connection.

The veteran's post traumatic stress disorder was initially denied for the period from January 31, 2005 to March 25, 2006. However, after receiving treatment and a diagnosis of post traumatic stress disorder in March 2006, his condition improved significantly enough that he is now granted a 50% evaluation starting from March 26, 2006.

The veteran's appeal is denied as he does not meet the legal criteria for receiving more than 9 months of educational assistance under Chapter 30, Title 38, United States Code.

The veteran's appeal on the issues of entitlement to service connection for a left foot disorder, residuals of a stab wound to the back, and a rash of the back was dismissed due to lack of timely filing of a substantive appeal.

The veteran's claim for service connection for residuals of a splenectomy, claimed as a missing spleen, is being remanded due to the need for additional records and medical evidence.

The Board has remanded the case to the VAMC for further development and consideration of the claim, including addressing the Millenium Health Care Act.

The Board denied the appellant's claim for VA benefits due to a lack of verified military service with the U.S. Armed Forces.