Other conditions decisions — 2011

The Board has determined that the appellant's income exceeds the maximum allowable for death pension benefits, and thus she is not entitled to nonservice-connected death pension benefits.

The appellant's husband had service that qualifies for the Filipino Veterans Equity Compensation Fund, but he died before the Act was enacted and the fund established. As a result, the appellant does not meet the eligibility requirements for payment.

The Veteran's left knee disability, characterized by meniscal tear and degenerative joint disease, does not meet the criteria for a higher rating than 10 percent.

The Veteran's death from Creutzfeldt-Jakob disease is not considered to be due to a service-connected disability, as the cause of death was found to be unrelated to any VA medical treatment or negligence.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's current gastrointestinal disability is related to his military service. The claim will be reconsidered after this additional development.

The Board denied service connection for arthritis of the upper and lower extremities in October 2003. The Veteran's claim was reopened, but new evidence submitted did not relate to a relationship between his current disability and his military service.

The Veteran's appeal was granted, and he is now eligible for basic eligibility for enrollment in the VA healthcare system in Priority Group 8C.

The Veteran's chondromalacia patella of the right knee is currently rated as 10 percent disabling, and the Board finds that a higher rating is not warranted.

The Board has determined that the current 30 percent rating for Legg-Perthes disease (left femur) adequately reflects the Veteran's disability picture and symptomatology, and an extraschedular rating is not warranted.

The Veteran's pelvic adhesive disease, now rated as hysterectomy with residuals, was granted an initial compensable evaluation from June 7, 2000 to March 2, 2004.

The Veteran's service connection claim for malaria was denied. The claim for service connection for brain tumor is pending.

The Veteran's cause of death, gastric adenocarcinoma, was not service-connected as it did not manifest within one year after service and there is no evidence to support a presumption due to herbicide exposure. The Veteran's hypertension contributed substantially or materially to his death.

The Board has determined that the appellant is entitled to reinstatement of eligibility for VA death benefits based on terminated marital relationship, and her DIC claim will be remanded for further development.

The Board found no new and material evidence to reopen the claim of service connection for cause of death, as the submitted evidence did not address a relationship between the decedent's cause of death and military service or any service-connected conditions.

The Board has determined that the appellant's service department verification is required due to conflicting documents and needs further review. The case is therefore REMANDED for this purpose.

The Board has remanded the case for further evidentiary development due to discrepancies in the appellant's deceased spouse's name and service verification.

The Board found that the Veteran's current bilateral hand arthritis is not related to his service, specifically his use of a jackhammer in Vietnam. The evidence does not support a finding that the disability was incurred or aggravated during service.

The appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund is denied because he did not serve in the Philippine Commonwealth Army or New Philippine Scout as required by law.

The Veteran's claim for a higher rating for his eye conditions is being remanded due to the need for additional development, including a VA examination.

The Board has determined that the Veteran does not have current residuals of a perforated left eardrum, and therefore service connection for this condition is denied.