Other conditions decisions — 2010

The Veteran's cause of death was cardiac failure, which is not service-connected. The Board found no evidence to support a finding that the Veteran had a service-connected condition or that his death was caused by a disease or injury in service.

The Board found that the evidence submitted since the last final rating decision is not new and material, and thus denied the Veteran's application to reopen his claim of entitlement to service connection for a bilateral foot disorder.

The Veteran's service-connected right tibia and fibula fracture does not meet the criteria for special monthly compensation (SMC) based on loss of use of the foot, as his remaining function exceeds that of an amputation stump at the site of the election below the knee with use of a suitable prosthetic appliance.

The Veteran's service-connected adjustment disorder with depressed mood is productive of occupational and social impairment, but does not meet the criteria for a higher rating.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a VA examination. The claim will be reviewed to determine if an increased evaluation can be granted.

The RO has denied the appellant's claim for an apportionment of the veteran's disability compensation benefits on behalf of their child. The appeal is being remanded to the RO via the AMC.

The Veteran's service connection claim for chronic diarrhea, as due to an undiagnosed illness or other qualifying chronic disability under the Persian Gulf Veterans' Act, has been granted. The Veteran is currently rated at 10% for this condition.

The Veteran is granted higher levels of special monthly compensation for paralysis of both lower extremities and loss of anal and bladder sphincter control, as well as need for aid and attendance.

The Board denied the Appellant's claim for Filipino Veterans Equity Compensation Fund benefits due to a lack of recognized active military service as required by law.

The Board has denied the appellant's application to reopen his previously declared forfeiture of VA benefits, finding that no new and material evidence was presented. The appellant does not have qualifying service for any VA benefit.

The Board denied the veteran's claim for Filipino Veterans Equity Compensation Fund benefits as there was no recognized active military service in the United States Armed Forces.

The Veteran's cold injury residuals of both ears with actinic keratosis have been rated as 30 percent disabling for the entirety of this appeal.

The Board is remanding the claim to determine if the Veteran's service-connected hemothorax or medications used for it contributed to his death. The appellant must provide additional evidence and argument.

The Board has determined that the overpayment of $21,813.00 in VA death pension benefits is valid and not due to fraud or bad faith on the part of the appellant. The decision grants waiver of recovery of this overpayment as it would be against equity and good conscience.

The Board has ordered a remand to obtain a VA examination and medical opinion regarding the Veteran's bowel disorder, including whether it is related to his period of active duty or due to medications he takes for service-connected lumbosacral strain and right knee disabilities.

The Veteran's claims for service connection and special monthly compensation were denied in April 1970 and February 1991. The RO granted these benefits effective from February 11, 2010, based on a petition to reopen the claims. There is no legal basis for assigning an earlier effective date.

The Board has determined that the Veteran's service-connected history of viscerotropic leishmaniasis caused his systemic mycoplasma pneumonia, and thus granted service connection for both conditions.

The Board found that the reduction of the appellant's nonservice-connected pension benefits was correct, and denied his claim for a waiver of overpayment recovery. The case is being remanded to issue a Statement of the Case on the waiver of overpayment recovery.

The Veteran's angioplasty with stent placement of the distal left extracranial internal carotid artery is not shown to be causally or etiologically related to service.

The Board denied the Veteran's claims for service connection for residuals of frost bite, bilateral ears and a bilateral foot disorder due to lack of competent current diagnoses or persistent/recurrent symptoms.