Other conditions decisions — 2010

The Veteran's request for waiver of overpayment was not timely, and as a matter of law, must be denied.

The Board has ordered a new VA opinion to determine if the cause of the Veteran's death was related to service or any service-connected conditions.

The Board has determined that the Veteran's current sinus disability, including his nose injury sustained during service, is related to his in-service injury and finds that he should be granted service connection for this condition.

The Veteran's claim for a higher rating on an extra-schedular basis was denied as his disability is already rated at the maximum schedular rating.

The Board has determined that the appellant does not have service as a member of the Philippine Commonwealth Army, including the Recognized Guerrillas, in the service of the U.S. Armed Forces and therefore is not entitled to one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's brain tumor is not causally or etiologically related to service. The Board finds that the preponderance of evidence does not support a finding in favor of service connection.

The Board has determined that the appellant does not have recognized active military service as required to establish eligibility for Filipino Veterans Equity Compensation Fund benefits, and therefore denied his claim.

The Veteran's dysthymia was rated at 30 percent prior to April 15, 2005 and increased to 50 percent effective from that date.

The Board has determined that the appellant's service discharge was under dishonorable conditions due to willful and persistent misconduct, which constitutes a bar to VA benefits.

The Veteran's appeal has been dismissed due to his death.

The Board has determined that the appellant is entitled to recognition as the Veteran's surviving spouse for VA benefits purposes, given her valid ceremonial marriage and continuous cohabitation with the Veteran.

The Board has determined that the appellant does not meet the legal definition of a 'veteran' and therefore, there is no legal entitlement to VA benefits.

The Board denied the Veteran's claim for service connection for a chronic skin disorder, to include residuals of a neck lesion, finding that there was no evidence linking any current condition to his military service.

The Board denied service connection for the cause of the Veteran's death due to pneumonia and dementia, finding that neither condition was related to his military service.

The Board denied an increased rating for the Veteran's right eye disability, finding that the current 0 percent evaluation is correct due to reduction of pre-service disability and current visual acuity in the left eye not meeting criteria for a higher rating.

The Veteran's service-connected residuals of a bilateral herniorrhaphy do not meet the criteria for a compensable rating.

The Board has granted the Veteran's request for a waiver of overpayment of VA improved pension benefits in the amount of $41,137.00.

The Veteran's claim for service connection for a right little finger disability is denied as there is no current diagnosis of such a condition and the evidence does not show any chronic disability due to an incident during service.

The Veteran's nerve damage to the right hand was not incurred in or aggravated by service, nor as a result of a service-connected disability. The residuals of shell fragment wounds to his arm and forearm, buttock, and upper thigh are currently rated appropriately.

The Veteran's claims for service connection for bilateral foot disorder, eye problems, hypercholesterolemia, chest ache, and tired and rundown feeling were denied as the evidence does not support a causal relationship to his active military service.