Other conditions decisions — 2010

The appellant's service is not verified, and thus he does not meet the basic eligibility requirements for VA benefits.

The Board found that the Veteran's overpayment of VA educational assistance benefits was valid based on investigations revealing fraudulent enrollment at Ramon Magsaysay Technological University.

The Board denied service connection for the Veteran's cause of death, finding that there was no evidence linking his death to in-service herbicide exposure or any service-connected disability.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 is remanded due to a lack of information regarding travel expenses at San Juan VAMC, which may have affected his eligibility.

The Veteran's appeal is remanded due to the need for a travel board hearing. The issue of entitlement to special monthly pension remains pending.

The Veteran's claim for an earlier effective date of special monthly compensation pension based on the need for aid and attendance was granted, with the effective date set at October 31, 2006.

The Board denied the appellant's claim for one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of qualifying military service, as determined by the Service Department and National Personnel Records Center.

The Board found that the Veteran does not have skin disabilities, to include skin cancer, that are causally or etiologically related to his military service.

The Veteran's stroke and related disabilities are not deemed to be the result of VA medical treatment, thus denying compensation under 38 U.S.C. § 1151.

The Veteran's single service-connected disability (residuals of cold injuries to the right and left lower extremities) meets the schedular requirements for a TDIU, but his other disabilities limit him from securing and following substantially gainful employment. The Board therefore denies the claim.

The Board has determined that the Veteran does not meet the criteria for a compensable evaluation for his umbilical hernia, as there is no evidence of a small hernia or post-operative wounds with weakening of the abdominal wall and indication for a supporting belt.

The Veteran's appeal for a higher disability rating for his left knee condition has been withdrawn. The Board dismissed the issue of service connection for a sleep disorder. The Veteran's current left knee disability is rated at 10 percent.

The Board denied the Veteran's claim to reopen his service connection for lupus, finding that new and material evidence had not been submitted. The Veteran's claim for an increased rating for residuals of a stroke was also denied.

The Veteran's claims for increased evaluations in excess of 30 percent and 10 percent, respectively, for his service-connected residuals of fractures of the right and left ulnar styloids have been denied as a matter of law due to failure to report for VA examinations.

The Veteran's motion for CUE in the July 2008 Board decision was dismissed without prejudice as it did not meet the specific pleading requirements of 38 C.F.R. § 20.1404(b).

The Board found that the Veteran did not sustain any permanent and/or chronic disability as a result of treatment rendered at this medical facility in 1999, and there was no evidence of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA personnel. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 for an April 1999 hysterectomy is denied.

The Board denied the appellant's claim for an earlier effective date for nonservice-connected disability pension benefits, finding that the Veteran became permanently and totally disabled on either August 26, 1996 or September 18, 1996. The decision also noted that the appellant had previously conceded this fact in his original claim.

The VA determined that the Veteran's service-connected right and left knee disabilities do not warrant a rating higher than 20 percent due to their manifestations of arthritis with limited flexion.

The Veteran's service-connected residuals of right spontaneous pneumothorax have not resulted in any functional impairment or symptoms throughout the appeal period, and thus a compensable evaluation is denied.

The Veteran's claim for service connection for a left eye disability is being remanded due to the need for additional medical examination and opinion.