Other conditions decisions — 2010

The Board has determined that the Veteran does not have current residuals of cold injury to the feet, and his claims for service connection of infectious mononucleosis and a left index finger injury were denied due to lack of evidence showing these conditions at the time of the April 1956 rating decision. The new and material evidence received since then has not raised a reasonable possibility of substantiating these claims.

The appellant is not eligible for non-service-connected death pension benefits, accrued benefits, or DIC under 38 U.S.C.A. § 1318 as the decedent did not have any service-connected disabilities at the time of his death.

The Board has remanded the case for obtaining SSA and OPM records related to the Veteran's heart condition, as these records may be pertinent to VA claims. The claim will then be adjudicated again based on this additional information.

The Board found that the appellant and the Veteran did not have a valid marriage for VA purposes, thus denying her claim as the surviving spouse.

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

The Veteran's claim for service connection for a dental disability claimed as damage and disfigurement of the jaw secondary to in-service dental treatment is being remanded due to inadequate examination findings.

The Board found that the Veteran's overpayment of VA educational assistance benefits was valid and upheld the creation of the debt.

The case is being remanded due to a hearing request. The appellant must be scheduled for a Travel Board hearing.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's colon cancer is related to his alleged in-service asbestos exposure. The VA will need to conduct further research and obtain an opinion from a medical expert on this issue.

The Board has determined that the appellant does not meet the eligibility criteria for a one-time payment from the FVEC fund due to lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board has determined that the Veteran's income for 2006 exceeded the VA National Means Test threshold, and therefore he is not eligible for cost-free VA health care beginning July 11, 2007.

The Board found no evidence of current residuals from the head injury sustained during service, and thus denied the Veteran's claim for service connection.

The Board found that the appellant did not have qualifying service for the purpose of receiving a one-time payment from the Filipino Veterans Equity Compensation Fund, and therefore denied legal entitlement to such payment.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board has determined that new and material evidence has not been received to reopen the appellant's claim for VA death benefits, as her spouse did not have qualifying military service in the Armed Forces of the United States.

The Veteran's death was caused by a service-connected disability, acute promyelocytic leukemia (APL), which the Board found to be related to in-service benzene exposure. Service connection for the cause of death is granted.

The Board has remanded the case to the RO for further development and consideration of the appellant's claim for service connection for the cause of the Veteran's death.

The Veteran's service-connected postoperative right hammertoe deformity of toes two through five was granted a 10 percent rating prior to June 27, 2009 and increased to 10 percent from that date. The appeal is denied for an evaluation in excess of the assigned rating.

The Board has granted service connection for a shell fragment wound of the rectum and associated rectal prolapse, finding that there is at least equipoise evidence to support this claim.

The Board has determined that the Veteran's meralgia paresthetica of the right lower extremity is as likely as not due to his active service, specifically a lumbar puncture he underwent in November 1987. Therefore, service connection for this condition is granted.