Other conditions decisions — 2011

The Veteran's surviving spouse does not meet the legal criteria for basic eligibility for VA death benefits, including Dependency and Indemnity Compensation (DIC), as they were married less than one year prior to the Veteran's death.

The Veteran's gastrointestinal disorder is not found to be related to his service-connected sinusitis, and the combined rating of his service-connected disabilities does not meet the criteria for a total disability rating based on individual unemployability.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA administrative decision and supporting medical records. The case must also be readjudicated in light of new evidence.

The Veteran's tinnitus had its onset during service and is etiologically related to her active service, thus the Board has granted service connection for tinnitus.

The Board has determined that the appellant is recognized as the surviving spouse of the Veteran for VA purposes, and thus eligible to receive VA death benefits.

The Board has determined that a VA examination is needed to determine if the Veteran currently has a chronic sinus disability and whether it is related to service. The appeal will be remanded for this purpose.

The Veteran's appeal is being remanded for a travel board hearing at the Newark, New Jersey RO.

The Board has determined that the appellant does not have qualifying service to be eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board is unable to determine the Veteran's eligibility for DEA benefits due to incomplete information and requires additional development of his claims file.

The Board has determined that the appellant does not have qualifying active service as a member of the Philippine Commonwealth Army, including the recognized guerillas, in the Armed Forces of the United States. Therefore, he is not entitled to a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from July 9 to July 10, 2007 was granted by the Board. The evidence showed that the emergency treatment provided at Glendale Adventist Medical Center was necessary due to a myocardial infarction and that no VA facility was feasibly available at the time.

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

The Veteran's appeal for payment or reimbursement of unauthorized medical expenses has been withdrawn, and the case is dismissed.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of service in the United States Armed Forces, as per the NPRC verification.

The Board has remanded the Veteran's claims for additional development due to inadequate discussion of functional loss in his mandibular conditions.

The Veteran does not have an additional disability as a result of the corneal transplant he received at a VA hospital in January 1973, and therefore his claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has remanded the case for additional development, including obtaining VA outpatient records and Social Security disability records. The appeal is now pending with the RO.

The Board found no evidence of a current TMJ disability and denied service connection for this condition. The claim for an increased rating for the lumbar spine disability was also denied.

The Board has remanded the case to the RO for further appellate review consistent with a March 2011 Memorandum Decision from the United States Court of Appeals For Veterans Claims. The appellant's attorney requested a Travel Board Hearing at the RO, and this matter is being returned to the RO for scheduling such a hearing.

The Veteran's initial compensable disability evaluation for basal cell carcinoma was granted effective from November 5, 1992. From August 30, 2002 to February 4, 2005, the Veteran received a 10% disability rating due to moderate disfigurement caused by his skin cancer. Effective from February 4, 2005, he was assigned a 50% disability rating for four characteristics of disfigurement.