Other conditions decisions — 2011

The Veteran's abdominal uterine bleeding, which requires continuous treatment to control symptoms such as low red blood cell count and dizziness, has been rated at a 10 percent disability rating since August 21, 2000.

The Veteran's initial claim for a compensable rating for his right foot disability prior to June 14, 2010, and a higher rating since that date was denied. The VA examiner found no objective findings of additional functional loss due to pain or other symptoms.

The Veteran's mother, the appellant, is seeking an increase in her apportionment of his VA benefits. The RO reduced her monthly apportionment from $981 to $581 due to the Veteran's increased financial needs after he was discharged from a VA Medical Center and placed in a private facility. The Board finds that increasing her apportionment would cause undue hardship on the Veteran.

The Veteran withdrew his appeal regarding the claim for automobile and adaptive equipment or adaptive equipment only before a decision was made.

The Veteran's right-lower extremity neuropathy associated with L3 has been rated as mild incomplete paralysis of the anterior crural (femoral) nerve, resulting in a 10 percent disability rating. The Board found that this did not warrant an increased rating.

The Veteran's appeal for a rating in excess of 30 percent for sigmoid colon diverticula has been dismissed due to his failure to respond to requests for identifying information and releases needed to secure pertinent outstanding evidence.

The Board denied service connection for pelvic inflammatory disease with an ovarian cyst in 1992, concluding that there was no evidence of these conditions during or immediately after service. The Veteran's motion argued for CUE based on the presence of a cyst in 1988, but the Board found that this error did not manifestly change the outcome.

The Veteran's claim for service connection for a right third digit laceration repair is being remanded due to the need for additional medical examination and records.

The Veteran's daughter, the Appellant, does not have legal standing to claim entitlement to Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318, death pension benefits, or accrued benefits due to her mother as she is not a dependant 'child' of the Veteran at the time of filing.

The Appellant's claims for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318, death pension benefits, and accrued benefits are dismissed as she does not have legal standing to bring these claims.

The Veteran's service was not considered qualifying for VA nonservice-connected death pension benefits, as he did not have any active service that would qualify under the law.

The Veteran's service-connected ruptured right eardrum disability is evaluated at the maximum noncompensable (0 percent) rating under Diagnostic Code 6211. The Board finds that a compensable rating is not warranted for this disability.

The Board denied the veteran's claim for payment from the 'Filipino Veterans Equity Compensation Fund' due to a lack of qualifying service in the U.S. Armed Forces, as determined by the National Personnel Records Center.

The Board has ordered a remand to obtain updated VA and private treatment records from after the appellant's period of ACDUTRA, identify any outstanding National Guard service evaluation/treatment records, and arrange for an examination by a podiatrist or orthopedist to determine if his pre-existing left foot disability was aggravated during his period of active duty training.

The Veteran is not entitled to additional educational assistance under the Post-9/11 GI Bill Program as he has already received 48 months and 14 days of benefits through other programs.

The Board has ordered additional development to determine if the Veteran's squamous cell carcinoma of the left tonsil is related to herbicide exposure during service. The case will be returned for further review.

The Board denied the Veteran's claims of service connection for a respiratory disorder and initial ratings for his right and left knee disorders, finding no evidence linking these conditions to his military service.

The Board has remanded the Veteran's claims for further development, including obtaining a VA examination to determine if his current shoulder, upper back and neck disorders are related to his service-connected left winged scapula.

The Veteran's appeal is remanded for additional development, including obtaining medical records and a VA examination to determine the current extent and severity of his service-connected right leg disability.

The Veteran's claim for service connection for calluses of the right foot has been reopened and granted. His increased disability ratings for left foot condition, neck scar, and TDIU prior to December 28, 2009 have also been granted.