Other conditions decisions — 2011

The Board finds that the debt created due to the Veteran's fugitive felon status is valid, and that partial repayment of $15,886.13 is against equity and good conscience.

The Board found that the Veteran's cold injury residuals were not established as a result of service, and thus denied his claim for service connection.

The Board has determined that the Veteran incurred cold injuries to his upper and lower extremities during service, which have persisted. Service connection is granted for these conditions.

The VA determined that the Veteran's current skin disability, diagnosed as actinic keratosis, was not incurred in or aggravated by active service.

The Veteran's appeal has been withdrawn due to the appellant requesting withdrawal of the appeal.

The Veteran's claim for service connection for a respiratory disorder is being remanded due to the need for additional development, including obtaining VA and private medical records, as well as SSA records.

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

The Board has determined that the Veteran's partial phalangectomy of the right great toe and peripheral vascular disease are secondary to his service-connected diabetes mellitus, type II.

The Board denied the appellant's claims for non-service-connected burial benefits and a plot or interment allowance as they did not meet the legal criteria established by VA regulations.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for a personal hearing before a Decision Review Officer at the RO in Los Angeles, California.

The Veteran's request for waiver of overpayment of nonservice-connected disability pension benefits was denied as it was not filed within the 180-day time limit.

The Board has determined that the appellant did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is not eligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's claim for an effective date prior to August 6, 2008 for service connection of paroxysmal atrial fibrillation was denied as the claim was received more than one year after separation from service.

The appellant was awarded retroactive DIC benefits in April 2005, but the VA deducted a previous overpayment of death pension benefits from this award. The Board found that the deduction was proper and that no further monies were due to the appellant.

The Board denied the appellant's claim for accrued special monthly pension benefits due to her status as a personal representative of the deceased Veteran's estate, and not as an eligible child or surviving spouse. The SMP benefit checks were issued after the Veteran's death, making them ineligible under VA regulations.

The Veteran seeks compensation under the provisions of 38 U.S.C.A. � 1151 for denervated abdominal wound muscles with eventration/hernia and skin numbness due to treatment at a VA medical center. The case is being remanded for additional examination and review of evidence.

The Board has determined that the Veteran's current right foot disorder, previously diagnosed as right hallux valgus and bunion, is related to service. The claim for service connection is granted.

The Board found that new and material evidence had not been presented to reopen the claim of service connection for the cause of the Veteran's death. The appellant provided lay statements describing her observations of the Veteran's stomach pain, but these were deemed insufficient to establish a nexus between his service-connected condition and his death.

The Veteran's claim for reimbursement of educational assistance benefits under the MGIB for LAC fees associated with the Landscape Architecture Registration Examination (L.A.R.E.) administered by the state of Florida was denied as the test is not approved by VA.