Other conditions decisions — 2010

The Board has determined that new and material evidence has not been received to reopen the Veteran's service connection claim for diarrhea, claimed as a nervous stomach condition. As such, the claim remains denied.

The Board has remanded the case for additional development, including obtaining translated medical records and scheduling a VA examination to determine if the appellant requires regular aid and attendance of another person or is housebound.

The Board has remanded the case due to incomplete service records and a need for additional notice. The Veteran's cause of death claim will be reconsidered after obtaining any missing medical records.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a neurological examination to determine if the Veteran's urinary incontinence is related to his service-connected low back disability.

The Veteran seeks compensation benefits for additional disability of his right great toe resulting from a November 18, 2005 surgery. The case is being remanded to obtain records and provide the Veteran with an examination.

The Veteran's unauthorized medical expenses for April 1, 2008 were denied as the care was not in response to a medical emergency and VA facilities were feasibly available.

The Board has determined that the appellant is not eligible for VA death pension benefits due to her deceased spouse's service as a recognized guerrilla and in the Regular Philippine Army, which does not qualify them for certain VA benefits such as non-service-connected death pension.

The case is being remanded for further action including verification of service and submission of evidence to the NPRC. The appellant will be notified about submitting documents from a U.S. service department to show eligible service.

The Veteran's request for a waiver of the recovery of an overpayment of nonservice-connected pension benefits was denied because his misrepresentation of his and his spouse's net worth and income led to the creation of the overpayment.

The Board has determined that the appellant does not have qualifying service for the purposes of receiving a one-time payment from the Filipino Veterans Equity Compensation Fund, and therefore denied legal entitlement to this benefit.

The Board has denied the Veteran's claims for service connection for residuals of a chin and head injury, as well as his claim for service connection for a low back disability secondary to his left knee disability.

The Veteran's claim for an increased rating for his service-connected residuals of a gunshot wound, including pleural cavity injury, left arm, and left back scars, is being remanded due to the need for additional development.

The Veteran's Freiberg's disease of the second toe, left foot was rated at 10 percent from April 23, 1998 to May 16, 1999 and at 20 percent since July 1, 1999. The Board found that a higher rating is not warranted for any period.

The appellant does not have qualified service to be eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has determined that the submitted evidence does not relate to the previously unestablished factual questions of in-service incurrence, diagnosis or treatment of a right hip injury, or whether the Veteran has a current or chronic right hip disability. Therefore, new and material evidence has not been received to reopen the claim.

The Board has determined that the overpayment of $5,712.49 in VA education benefits was valid and has granted a waiver of recovery due to undue financial hardship.

The Board denied the Veteran's claim for service connection for a bilateral eye disability, finding that there was no medical evidence linking his current vision problems to his military service.

The Board found that the cause of the Veteran's death was not related to service, and determined that non-Hodgkin's lymphoma did not have a causal relationship with his service-connected PTSD or medications.

The Board denied the appellant's eligibility for CHAMPVA benefits from November 1, 2007 due to her failure to enroll in Medicare Part B.

The Board has remanded the case for further development due to a violation of VCAA, and will need to ensure proper notification and evidence collection.