Other conditions decisions — 2010

The Veteran's renal disability, diagnosed as IgA nephropathy or Berger's Disease, has not resulted in any compensable symptoms such as edema, proteinuria, or definite decrease in kidney function. The Veteran is not entitled to a compensable rating for his renal disability.

The Board has determined that the Veteran's left ear condition, including fungus infection and residuals, had its onset during his service with the U.S. Merchant Marine in the Philippines and has been present continuously since then. The claim for service connection is granted.

The Board finds that an earlier effective date for the payment of DIC benefits prior to June 1, 1998 is not warranted as there was no formal or informal claim submitted by the appellant before May 1, 1998.

The Veteran's shrapnel fragment wound of the left thigh, Muscle Groups XIV and XV, is rated at 40 percent since August 28, 1999. The Veteran also has a separate 10 percent rating for sensory neuropathy of the peroneal nerve affecting the left thigh area.

The Board found that the cause of the Veteran's death was not incurred in or aggravated by service, and cannot be presumed to have been incurred in service. The appellant's claim for service connection for the cause of her husband's death was denied.

The Board has remanded the case to afford the Veteran a VA examination and further development of evidence. The claim will be reconsidered after this additional development.

The Veteran's service connection claim for residuals of bilateral foot injuries, to include spurs, was denied. He is currently rated with a noncompensable initial rating for his calluses of the feet.

The Board has determined that there is no current diagnosis of a right-sided hernia and thus service connection for this condition cannot be established.

The Board has granted service connection and awarded noncompensable ratings for degenerative joint disease of the right first metatarsophalangeal joint, status post bunionectomy with scar, and status post bunionectomy of the left great toe, with scar. The Veteran's bilateral foot disability is currently rated 10 percent under Diagnostic Code 5284.

The Veteran's appeal is remanded due to the need for a more recent VA examination and updated private treatment records.

The Veteran's service-connected refractive error has been granted, and he is currently receiving a 40% rating for bilateral hearing loss.

The case is being remanded due to the lack of relevant medical records from the time of the Veteran's death and treatment at VA facilities. The Appellant must provide or authorize VA to obtain these records.

The Board has determined that additional development is necessary to determine the nature and etiology of the appellant's abdominal aortic aneurysm, including whether it was caused or aggravated by his service-connected PTSD and/or hypertension.

The Veteran's claim for educational assistance benefits under Chapter 30, Title 38, United States Code, for training received at Remington College prior to September 9, 2007 is denied due to the late filing of his application and the lack of retroactive payment eligibility.

The Board determined that the appellant did not have qualifying service to be eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board denied the appellant's claim for basic legal entitlement to a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of service in the United States Armed Forces.

The Veteran's claim for service connection for a bilateral leg disorder, including as secondary to his service-connected lumbar spine disability, is being remanded due to the need for additional development.

The Veteran's bilateral CTS is found to be secondary to his service-connected residuals of a bilateral thumb fracture. His right and left thumb fractures in service are considered contributory factors leading to the development of bilateral CTS.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including in recognized guerrilla forces in the service of the United States Armed Forces. Therefore, he is ineligible for Filipino Veterans Equity Compensation Fund benefits.

The Board has remanded the case for additional development, including obtaining medical records and an opinion regarding the most likely date of local recurrence or metastasis of the Veteran's bladder cancer.