Other conditions decisions — 2010

The Veteran's prostate disorder and generalized skin rash were denied service connection, with the latter being presumed due to Agent Orange exposure in Vietnam.

The Board has granted the Veteran's request for a waiver of recovery of an overpayment of VA service-connected compensation benefits in the amount of $4,330.10 due to fault on the part of VA and undue financial hardship resulting from the recovery.

The Veteran's claim for a higher rating for residuals of concussion is being remanded due to the need for additional VA examinations and development of her claims file.

The Board has determined that additional development is needed to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and other applicable laws, regulations, and guidance. The claim will be remanded for further action.

The Board has determined that efforts should be made to clarify the appellant's current mailing address and a copy of the November 2008 supplemental statement of the case must be resent. The claim for service-connected death burial allowance is also remanded as it was not addressed in the previous statements of the case.

The Veteran's claim for service connection for pain and weakness in the lower extremities is being remanded due to the need for a VA examination to determine if these symptoms are related to his period of active service, including exposure to cleaning chemicals and contaminated water.

The Board has remanded the case for additional development, including obtaining medical records and providing a VA examination to determine if the Veteran's right hand disability is related to service.

The Veteran's claims for increased ratings for his left shoulder and left knee disabilities were granted. The claim of service connection for a throat condition, claimed as reaction to mold exposure, was withdrawn by the Veteran.

The Veteran's daughter is seeking payment of additional accrued benefits due to her father's eligibility for the Combat-Related Specialty Compensation (CRSC) program. The case has been remanded to determine if the Veteran would have been eligible for CRSC and to conduct an audit of his VA compensation account.

The Veteran's appeal is being remanded for further development, including obtaining updated VA medical records and arranging for a VA examination to assess the severity of his service-connected hand disabilities. The TDIU claim will also be addressed.

The Veteran's claims for abdominal growths and nasal and throat polyps were denied because there is no evidence linking these conditions to his military service, including any presumed herbicide exposure.

The Veteran's claim for service connection for a colon disorder, to include diverticulitis and diverticulosis, is being remanded due to the need for further development of his medical history.

The Board dismissed the Veteran's appeal for an earlier effective date for a TDIU due to finality of previous decisions and lack of CUE.

The Veteran's appeal is remanded due to the need for additional medical records and a VA examination. The claim will be reconsidered after these steps are completed.

The Board denied the appellant's claim of being recognized as the Veteran's surviving spouse for dependency and indemnity compensation purposes due to their marriage being void ab initio under Philippine law because they were first cousins.

The Veteran's appeal for payment or reimbursement of unauthorized medical expenses has been dismissed due to their death.

The Board denied an increased rating for the service-connected residuals of a tonsillectomy and assigned ratings to the right hernia repair and tender scar. The decision is not considered clearly and unmistakably erroneous.

The Veteran's request for waiver of overpayment was denied because it was not made within the 180-day period following notification of indebtedness.

The Board finds that the appellant does not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas in the service of the U.S. Armed Forces and therefore is not entitled to one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has remanded the case for additional development due to inadequate evidence and failure to discuss the appellant's assertions regarding the etiology of his claimed conditions.