Other conditions decisions — 2010

The Veteran's appeal is remanded due to scheduling issues for a hearing before the Board of Veterans' Appeals.

The Board denied the appellant's claim for benefits under 38 U.S.C. Chapter 18 for a child born with birth defects, as there is no legal entitlement to such benefits due to lack of evidence of spina bifida and because the mother was not a Vietnam Veteran.

The Veteran's initial compensable ratings for right index finger strain and costochondritis are being remanded due to the need for additional development, including obtaining outstanding treatment records.

The Board found that the Veteran's current arterial occlusive disease of the right lower extremity was not caused or aggravated by his service-connected phlebitis of the left leg with obliteration of deep venous circulation. Therefore, the claim for service connection was denied.

The Veteran's stage IV left tonsillar squamous cell carcinoma is related to his service in Vietnam and exposure to herbicide agents, specifically Agent Orange. The Board has granted service connection for this condition.

The Board denied the appellant's claim for increased death pension benefits as she is already receiving the highest rate of pension for a surviving spouse with no dependents and no income.

The Veteran's claim is being remanded for further development, including obtaining service personnel records and a medical examination to determine if his HIV had its onset during active service.

The Veteran's spouse is not eligible for CHAMPVA benefits during the period from March 1, 2004 through August 1, 2004 due to lack of Medicare Part B coverage.

The Board has determined that the appellant's claim for VA benefits was denied due to a lack of military service. The case is now remanded for further action, including verifying the appellant's claimed service and considering any new evidence submitted by the appellant.

The Veteran's cause of death, ischemic cardiomyopathy and congestive heart failure, is presumed to be due to exposure to herbicide agents during service in Vietnam.

The Board has determined that the Veteran's cause of death, including acute myocardial infarction and atherosclerotic cardiovascular disease, is presumed to be due to exposure to herbicides. Therefore, service connection for the cause of the Veteran's death is granted.

The Board found that the Veteran's lung disorder was not present in service or until many years after service and is not related to service. Therefore, the claim for service connection for a lung disorder was denied.

The Board found that the Veteran's current CLL is not related to his military service and denied his claim for service connection.

The Veteran's dysthymic disorder, which manifests with depressed mood, irritability, impaired impulse control, sleep impairment, panic attacks at least once a week, and homicidal ideation, is currently rated as 50 percent disabling. The Board has determined that the disability picture warrants an increased rating to 70 percent.

The Veteran's claim for payment or reimbursement of emergency medical services provided at a private facility is denied as he has coverage under an automobile insurance policy, which constitutes a health-plan contract.

The Board has determined that the appellant does not meet the basic eligibility criteria for the one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of qualifying service.

The Veteran's non-Hodgkin's lymphoma has been in remission since 1998 with residual dysphonia. The Veteran is entitled to a 10% rating for his service-connected residuals of non-Hodgkin's lymphoma, and the TDIU claim is granted.

The Veteran's service connection claims for a liver disorder and low back disorder were denied as there is no evidence of current disability related to his military service.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining the one-time payment from the Filipino Veterans Equity Compensation Fund.

The appellant does not have qualifying service to be eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.