Other conditions decisions — 2011

The Veteran's claim for service connection for residuals of a fire injury to the lungs, other than his already service connected asbestos related lung disease was denied as there is no evidence of such a condition during the appeal period.

The Board has remanded the case for further action, including scheduling a hearing before a Veterans Law Judge at the RO.

The Veteran's claim for service connection for a sleep disorder, to include insomnia and dyssomnia is denied as there is no competent medical evidence establishing an etiological relationship between the claimed condition and his military service.,Service connection for sleep apnea was not established. The Veteran did not provide sufficient evidence to establish that he had this condition during service or since then.

The Veteran's appeal is remanded due to the need for a Board hearing at the RO. The effective date of TDIU remains unchanged.

The Veteran's claim for service connection for non-Hodgkin's lymphoma, which he claims is related to exposure to ionizing radiation during his military service, has been remanded due to the need for additional development regarding the extent of his alleged exposure.

The Board has remanded the case due to the need for a VA examination and further development of the record.

The appellant is not recognized as the Veteran's surviving spouse for VA death benefits due to lack of legal marriage and knowledge of the Philippines' prohibition on common-law marriages.

The Veteran's claims for a brittle fingers disability and alopecia were denied as there is no current diagnosis of these conditions, and the Board found her statements regarding them not credible.

The Veteran's appeal is being remanded for additional development, including a current VA examination and retrieval of private medical records.

The Veteran's claim for an extension of the delimiting date beyond July 1, 2008 for Chapter 30 educational assistance benefits is denied as there is no documentation that he was physically or mentally incapable of pursuing an education program.

The Veteran's claim for basic eligibility for nonservice-connected pension benefits is being remanded due to the need to obtain additional service personnel records to confirm his claimed service in Vietnam.

The Veteran's claim for an evaluation in excess of 30 percent for his service-connected keloid formation on the chest is being remanded due to missing private medical records and a need for a new VA examination.

The Board finds that the appellant and the Veteran were in a common law marriage since at least 2006, and that they lived together continuously until the Veteran's death. Therefore, the appellant is recognized as the surviving spouse of the Veteran for VA benefit purposes.

The Veteran's claims are being remanded for additional development, including obtaining medical records and scheduling VA examinations to reassess the severity of his right eye chordial lesion and the permanency of his non-Hodgkin's lymphoma.

The Veteran's prostatitis was diagnosed during service and is considered to have started during service. The Board has granted the claim for service connection.

The Board denied the appellant's claim for legal entitlement to the one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of recognized active military service.

The Veteran's hypercoagulation disorder, including DVT and chronic venous insufficiency, is service-connected as a congenital defect that pre-existed active duty. The acquired psychiatric disorder (PTSD) claim was denied. Service connection for TDIU was also denied.

The Board has ordered a remand to obtain additional medical opinions regarding the Veteran's claim for service connection for back injury with associated left-sided numbness. The case will be reviewed and readjudicated after the additional development is completed.

The Veteran's claim for an increased rating for synovial chondromatosis and arthritis of the left knee, which was rated at 10 percent since service connection was granted in March 2002, has been denied as his condition does not warrant a higher rating.

The Veteran's appeal is being remanded to the RO for further development, including consideration of an extra-schedular evaluation and a TDIU claim. The case will be referred back to the Under Secretary for Benefits or Director of Compensation and Pension Service for an extra-schedular evaluation.