Other conditions decisions — 2011

The Board has determined that new and material evidence has been received to reopen the claims for service connection for residuals of an avulsion fracture of the left iliac crest and muscle strain of the groin region. However, further clarification is needed regarding whether these conditions are related to service.,The Veteran's pre-existing avulsion fracture of the left iliac crest was aggravated by a 1984 injury during physical training, resulting in his current hip/iliac condition. The August 1984 ligamentous strain is unrelated to this pre-existing condition.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for loss of vision in the right eye is being remanded due to the need for additional VA medical records from 1989 to December 1991, including surgery reports and consent forms.

The Board has determined that the appellant is not eligible for educational assistance under Chapter 1606, Title 10, United States Code due to unsatisfactory participation and termination of eligibility effective May 4, 2006. The claim must be denied.

The Veteran's claim for service connection for a respiratory disorder other than sleep apnea was denied as there is no evidence of a chronic condition during or after service.

The Veteran's appeal is granted, with a temporary total disability rating based on individual unemployability due to service-connected disabilities from June 10, 2009, and an initial compensable rating for right foot hallux valgus from January 1, 2010.

The Veteran's claim for a compensable rating for residuals of malaria has been denied as there is no evidence of active malaria or its associated complications such as liver or spleen damage. The Veteran's cognitive symptoms are attributed to his service-connected PTSD.

The Board has determined that the Veteran's current right eye pterygium and left eye pinguecula are service-connected, with a link to her participation in experimental testing during military service. The Board finds that these conditions were not aggravated by any in-service exposure.

The Board denied the Veteran's claims for earlier effective dates and higher initial disability ratings for his service-connected residuals of leech bites, finding that no evidence supports an earlier date than January 31, 1991.

The Veteran's claim for service connection for chronic myeloid leukemia, claimed as secondary to herbicide exposure, is being remanded due to the need for additional development and consideration of new evidence.

The Veteran's claim for an earlier effective date for the establishment of his spouse as a dependent for compensation purposes was denied. The earliest known date VA became aware of G.C.J. as the Veteran's spouse was February 9, 2001.

The Board has determined that the Veteran does not have a left hand disability due to disease or injury incurred in service, and therefore denied his claim for service connection.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has determined that C.T. and J.T., the appellant's biological children, are not considered stepchildren of the Veteran for VA purposes due to a lack of evidence showing they were members of his household at the time of his death.

The Veteran withdrew his appeal on the issues of service connection for disabilities manifested by dizziness and right hand numbness before a decision was made.

The Board finds that the indebtedness to VA in the amount of $4,696.20 is valid due to the Veteran's incarceration and retroactive reduction of his disability benefits.

The Board has determined that it is at least as likely as not that the Veteran's spondylolisthesis at L5-S1 and bilateral hip degenerative joint disease are proximately due to, the result of, or chronically aggravated by a service-connected disability.

The Board has reopened the Veteran's claim for service connection for a deviated nasal septum and finds that new and material evidence has been received. The examiner will be asked to provide an opinion on whether the current deviated nasal septum is related to his in-service injury, which may have aggravated his pre-existing condition.

The Board has reopened the claim of service connection for the cause of the Veteran's death and granted it, finding that new evidence supports a reopening of the claim and that the Veteran likely had exposure to liver flukes in Vietnam which contributed to his cholangiocarcinoma.

The Veteran's appeal is being remanded to the RO for additional development, including scheduling a VA examination and obtaining outstanding treatment records. The case will be readjudicated after this additional development.

The Veteran's claim for service connection for a bilateral foot disorder is being remanded due to the need for additional medical opinion and development. The issue remains whether his current bilateral great toe arthritis is related to military service.