Other conditions decisions — 2010

The Veteran's claim for service connection for malaria is being remanded due to the need to obtain additional private medical records and conduct further development.

The Veteran's peripheral vascular disease of the left and right lower extremities have been rated at 40 percent since October 28, 2008. The disability is characterized by claudication when walking between 25 to 200 yards and trophic changes in both legs.

The Veteran's right earlobe keloid disability is currently rated at 10 percent disabling from June 4, 2007 to January 26, 2009. The Board finds that a higher rating is not warranted for this period.

The Board has denied the Veteran's claim to reopen his service connection for scleroderma due to lack of new and material evidence.

The Veteran's appeal is about his service-connected arthritis of the right and left hands. The Board has determined that additional development, including obtaining private medical records and scheduling VA examinations, is necessary before a final decision can be made.

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Veteran's appeal is remanded due to the need for medical records and an examination to determine if his current right Achilles tendon repair residuals are a result of VA carelessness, negligence, or errors in judgment.

The Veteran's death was not caused by a service-connected disability, and the effective date for death pension benefits is denied as it occurred after the filing of an initial claim.

The Board has reopened the claim of service connection for the cause of the Veteran's death, but finds that there is no competent medical evidence to support a relationship between the Veteran's service-connected left thigh disability and his death. As such, the claim is denied.

The Board has remanded the case due to a duty-to-assist violation, as some of the Veteran's submitted documentation supporting his claim for service connection was not forwarded to the appropriate military service department for verification.

The Veteran's claim for service connection for endometriosis/ovarian cysts is being remanded due to the need for a VA examination to determine the etiology of any such conditions and whether they are related to her military service.

The Board denied the Veteran's claim for an earlier effective date prior to August 29, 2002 for the grant of service connection for gastritis and peptic ulcer disease. The decision concluded that no earlier effective date was warranted as there was no evidence indicating entitlement to service connection prior to August 29, 2002.

The Board determined that the appellant does not meet the requirements for a one-time payment from the FVEC fund due to prior forfeiture of benefits under 38 U.S.C.A. § 6103(a).

The Veteran's claim for reimbursement of items obtained with a vehicle purchased and made a vehicle of record through the automobile adaptive equipment program is granted. The Board finds that the claimed items qualify as automobile adaptive equipment.

The Board has decided to remand the case for additional development, including providing proper notice and attempting to verify the appellant's service under Colonel Russell Volckman.

The Veteran's claims for increased disability ratings for his service-connected right third, fourth, and fifth finger disabilities have been denied. The evidence does not meet the criteria for a compensable rating under any applicable diagnostic codes.

The service department certified that the appellant had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces during World War II. Therefore, he is not eligible for payment from the Filipino Veterans Equity Compensation Fund.

The Board has determined that the Veteran's VA benefits were terminated due to his status as a fugitive felon, effective September [redacted], 2008. The issue of entitlement to a waiver of overpayment of VA compensation benefits is also addressed and denied.

The Board has remanded the case for a new VA examination to address whether varicose veins were aggravated in service and if left leg thrombosis is secondary to varicose veins.

The Veteran's claim of electing a start date for his DEA benefits has no legal merit and must be denied. The issue of the validity of the overpayment is dismissed as it was waived in June 2008.