Other conditions decisions — 2010

The Veteran's appeal is being remanded for additional development, including a VA examination and an audit of his compensation account.

The Board has determined that the Veteran's encephalopathy, dysphasia, and left-sided weakness of upper and lower extremities are related to his service-connected cerebrovascular accident.

The claim for accrued benefits is denied as the appellant is not eligible due to lack of legal merit.

The Board of Veterans' Appeals has denied the Veteran's claim for service connection for a disorder manifested by numbness, toes, left foot.

The Veteran's appeal is remanded due to the need for a VA examination and additional medical records, particularly related to his hernia disorder.

The Board has denied the Veteran's claim for service connection for a personality disorder, finding that it is not a disease or injury for VA compensation purposes and there is no evidence of superimposed disease or injury in service.

The Veteran's dementia has rendered him in need of regular aid and attendance, which is granted for special monthly pension.

The Veteran's claims for service connection for colon cancer, liver cancer, jaw disorder, and PFB are denied as there is no current disability to support these claims.

The Veteran's claim for an initial rating in excess of 10 percent for his left femur fracture disability is being remanded due to the need for additional development, including obtaining VA outpatient treatment records and scheduling a VA orthopedic examination.

The Board has remanded the Veteran's claim for service connection for a dental disorder, as there is insufficient evidence to determine if his current condition is related to service. The RO must obtain and consider all relevant records, including in-service treatment records and VA opinions, and arrange for a VA dental examination.

The Board denied the Veteran's claims for increased ratings for his service-connected residuals of tibia stress fractures, finding that the evidence did not meet the criteria for a rating higher than 10 percent under applicable diagnostic codes.

The Board found that the Veteran's claim for a TDIU was implicitly denied in the March 2005 decision granting an increased rating for his left foot disability. Therefore, the effective date cannot be earlier than December 6, 2005 when he filed his formal TDIU claim.

The Board has determined that the evidence submitted by the appellant since the August 2002 RO denial does not constitute new and material evidence, thus denying her claim to be recognized as the Veteran's surviving spouse for VA benefits.

The appellant's claim for one-time payment from the Filipino Veterans Equity Compensation Fund was denied because he is ineligible for VA benefits due to his membership in the Japanese-controlled Bureau of Constabulary during World War II.

The appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund is denied as he has no qualifying service in the Armed Forces of the United States.

The Board found that the Veteran's death was not caused by or substantially contributed to by a disability incurred in or aggravated by active service. The chronic lung disability (claimed as tuberculosis) was also not related to active service, and thus denied all claims.

The Board found that the Veteran's circulatory disability of the right lower extremity (varicose veins and lymphedema) was not incurred in or related to service, and his right eye disability was not manifested during service. The appeal for dental trauma is limited to compensation purposes.

The Board denied the Veteran's claims of service connection for sickle cell trait, polyarthritis and a right shoulder disability, PTSD, depressive disorder, and asbestosis. The Board found that there was no evidence to support these claims.

The Veteran's adjustment disorder is currently rated at 30 percent, and the Board finds that a higher rating is not warranted. The cardiovascular disorder has been found to be unrelated to service-connected residuals of dental injury. Loss of taste is found to be related to service-connected residuals of dental injury.

The Veteran's claim for a compensable rating for his residuals of a fracture of the maxilla was denied as there is no evidence of limitation of temporomandibular articulation or loss of masticatory surface that cannot be replaced by prosthesis.