Other conditions decisions — 2010

The appellant's claim for a one time payment from the Filipino Veterans Equity Compensation Fund is denied as he does not meet the requirements of veteran status.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for an eye disability is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board found that the Veteran's chronic liver disease, including residuals of a liver transplant, was not incurred in or aggravated by active duty service and is not proximately due to or the result of his service-connected hepatitis.

The Veteran's claim for reimbursement of the costs of an EMT-B recertification test taken on August 5, 2005 is granted.

The Board found that the Veteran's prostate disorder is not related to his military service and denied his claim.

The Board has determined that the appellant can be recognized as the surviving spouse of the Veteran for purposes of VA death benefits due to mutual consent and health reasons, without fault on her part.

The Board has granted the Veteran's request for waiver of recovery of an overpayment of disability compensation benefits in the amount of $5,023.20 due to a retroactive payment made before his daughter received educational assistance.

The Board has determined that the Veteran's macular degeneration is related to his exposure to sunlight during service, and grants service connection for this condition.

The Board denied the Veteran's claim of service connection for his testicular condition, including left varicocele and left hydrocele. The examiner found that these conditions are not related to military service.

The Veteran's residuals of gastrectomy do not meet the criteria for a disability rating higher than 40 percent.

The Veteran's death was caused by an acute heroin overdose, which she voluntarily ingested during active duty. The Board found that her death was the result of her own willful misconduct and denied service connection for the cause of her death.

The appellant's annual income exceeds the maximum limit for death pension benefits, thus her claim for nonservice-connected death pension benefits is denied.

The Veteran's stomach and colon disorders are not shown to be related to his active service, including presumed exposure to herbicides. Hypertension is also not shown to be related to service.

The Board denied the Veteran's claims for service connection for rectal disorder and liver disorder, finding no evidence of such conditions during his periods of active service or within one year following separation. The Board concluded that there was insufficient medical evidence to establish a nexus between any current disabilities and service.

The Veteran's squamous cell carcinoma is presumed to be related to his exposure to herbicides during service in the Republic of Vietnam.

The Veteran was granted service connection for right hip bursitis and genital herpes, as well as increased ratings for his sinusitis, lumbar strain, and left knee conditions. No new evidence or reopening of claims were involved.

The Veteran is granted an effective date of February 22, 1999 for the award of service connection for ulcerative colitis. The claim was initially filed in 1999 but not processed as such due to a lack of proof that he had submitted the original application.

The Veteran's claims for increased ratings for regional ileitis and residuals of a fistulectomy in ano, as well as his claim for service connection for a low back disability, were denied. The Board found that the evidence did not support an increase in rating beyond the current evaluations.

The Board has determined that the reduction of the Veteran's disability rating from 40% to 10% for his right elbow disorder, effective April 1, 2006, was proper.

The Board has determined that the Veteran's TMJ is related to his active service and grants service connection for this condition.