Other conditions decisions — 2010

The VA Regional Office has determined that the appellant's entire period of service was conditional, resulting in an other than honorable discharge. The case is being remanded to obtain additional information from the appellant's Official Military Personnel File and/or Military Personnel Record Jacket.

The Board denied the Appellant's request for an earlier effective date of July 20, 2007 for death pension benefits, finding that she did not have a valid claim as her previous denial was final.

The Board has determined that the Veteran's relapsing polychondritis is causally related to service and grants service connection for this condition.

The Board has granted service connection for hammertoe deformities of both feet, finding that they are aggravated by the service-connected residuals of fractures of the left leg. The right foot hammertoes were not incurred in or aggravated by service, while the left foot hammertoes are found to be aggravated.

The appellant does not have qualifying active service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the Armed Forces of the United States. Therefore, she is not entitled to a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board denied the appellant's claim for an earlier effective date for the grant of service connection for the cause of the Veteran's death, finding that the criteria were not met.

The Board has remanded the case due to the need for a VA examination and additional development of records, including private treatment records.

The Board found that the Veteran's current left eye disorders, including traumatic cataracts and tears in the retina, were not incurred during service or due to any incident related to his military service. The VA examiner concluded that these conditions are less likely than not caused by an alleged injury sustained during active duty.

The Veteran's respiratory disorder was not incurred in service and is not proximately due to, the result of, or aggravated by a service-connected disability.

The Board denied the appellant's claim for service connection for cause of death due to cardio-respiratory and cardiovascular failure, finding no evidence linking these conditions to the Veteran's period of active duty or any presumptive exposure to ionizing radiation.

The Board found that the appellant's annual countable income exceeded the maximum rate of pension payable for a surviving spouse with no dependents throughout this appeal, thus denying her entitlement to nonservice-connected improved death pension benefits.

The Board found that the Veteran's benign essential tremors were not incurred in or aggravated by active military service and denied his claim for service connection.

The Veteran's step-daughter's SSA income is being excluded for VA pension purposes due to financial hardship.

The Board has remanded the case for additional development, including obtaining VA treatment records and SSA disability benefits records. The appellant's claim will be reconsidered under the new evidence theory.

The Veteran's hiatal hernia and esophageal adenocarcinoma are not related to service.,Compensation under 38 U.S.C.A. § 1151 for renal arterial collapse with atrophy of the kidneys due to VA medical treatment is denied.,Compensation under 38 U.S.C.A. § 1151 for congestive heart failure due to VA medical treatment is denied.

The Veteran's claim for an initial compensable rating for his fractured right thumb is being remanded due to the need for additional examination.

The Board denied the appellant's claim for retroactive payment of dependency benefits for her son from June 2006 to April 2007, finding that she did not meet the legal requirements for such benefits.

The Board found that the Veteran's complaints of blurred vision were not due to any eye disorder related to his service-connected type II diabetes mellitus. The skin disorder was diagnosed as tinea cruris, but the VA examiner opined it was not caused or aggravated by the Veteran's type II diabetes mellitus.

The Board has determined that another remand is necessary due to incomplete service records and inadequate examination findings regarding the etiology of the Veteran's Chiari malformation.

The Board found that the cause of death, cholangitic carcinoma, was not related to service-connected disability and did not occur due to exposure to herbicides. The Veteran's service records do not show any liver disorders or symptoms related to the liver during his active duty.