Other conditions decisions — 2010

The Board found that the Veteran's claimed joint disorders and dysthymic disorder were not incurred or aggravated by service, as there was no evidence of a current disability related to his active duty service.

The Veteran's claim for an increased rating for left seventh cranial nerve paralysis is denied as he is already in receipt of the maximum schedular evaluation.

The Board has denied the Appellant's request for an apportionment of the Veteran's VA disability compensation benefits on behalf of his minor child, J, in her custody. The decision found that the Veteran was reasonably discharging his responsibility for the support of his child and there was no evidence of hardship.

The Veteran's chronic pulmonary disorder, including mesothelioma and emphysema, was not incurred in or aggravated by service.

The Board denied the Veteran's request for waiver of overpayment in his non-service connected pension benefits due to misrepresentation on his part regarding income.

The Board found that the Veteran's left hip disorder was not incurred in or aggravated by active service and is not etiologically related to his service-connected bilateral knee disability. The Veteran's left foot disorder was also denied as there were no diagnosed conditions found during the examination.

The Board denied the Veteran's claim for nonservice-connected disability pension benefits due to his annual income exceeding the maximum limit set by law.

The Veteran's appeal is about the initial rating for his right elbow fracture. The RO has granted service connection and assigned a 10 percent rating, but the Veteran wants an increased rating.

The Veteran's claim for a higher rating for residuals of a stomach injury with bowel obstruction is denied as the symptoms do not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board found no clear and unmistakable error in the administrative decision denying dependency and indemnity compensation, and denied the claim for an earlier effective date.

The Board denied an evaluation in excess of 10 percent for the Veteran's right knee disability, finding that the current rating adequately reflects his symptoms and impairment. A separate 10 percent evaluation was granted for instability.

The Veteran's service-connected disabilities are not sufficient to render him unemployable, and his claim for TDIU is denied.

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

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that no new and material evidence had been submitted to reopen the claim. The March 1994 decision was based on a lack of evidence relating the Veteran's fatal conditions to active service or his service-connected disabilities.

The Veteran's TDIU claim was granted due to his service-connected disc removal and fusion at L5 to S1, combined with other nonservice-connected disabilities that make him unemployable.

The Board has denied the Veteran's claim for an earlier effective date than August 26, 2006 for the grant of service connection for chorioretinitis, left eye. The effective date is set at August 26, 2006 as this represents the date of receipt of the claim.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for a stomach disorder, as most recently denied in August 1987.

The Veteran is seeking service connection for swelling of the legs and feet as secondary to his service-connected diabetes mellitus. The case has been remanded due to the need for a medical examination.

The Veteran's residuals of a right orbital floor fracture are not productive of episodic incapacity or visual stasis requiring significant rest, and her best correct vision is 20/20 in both eyes. The Board finds that she does not meet the criteria for a compensable disability rating.

The Veteran's appeal is remanded due to the need for additional evidentiary development, including obtaining VA treatment records and scheduling a VA examination.