Other conditions decisions — 2011

The Board has determined that additional development is needed to determine the Veteran's right heel disability and its relationship to service, as well as whether any other service-connected conditions may have aggravated it.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA medical records and scheduling a new examination to assess the severity of his service-connected shell fragment wounds and PTSD.

The Board granted an apportionment of $150.00 per month on behalf of the Veteran's minor child, effective October 1, 2007, finding that it was proper and not causing undue hardship to the Veteran.

The Veteran's service-connected HHT with recurring nose bleeds is manifested by daily epistaxis, discharge, crusting, bleeding, pain and the taking of a prolonged silver nitrate cautery after repeated surgeries. The Board finds that the criteria for a 50 percent evaluation have been met.

The Veteran's appeal has been dismissed due to his death.

The Board denied the Appellant's claim for additional payment of benefits under the Montgomery GI Bill (MGIB) for a period of enrollment between July 7, 2008 and July 11, 2008. The Appellant was only entitled to reimbursement based on the full-time monthly rate prorated for the days he was enrolled.

The Board has determined that the Veteran's cause of death was due to metastatic squamous cell carcinoma, which is presumed to be service-connected as a result of exposure to Agent Orange during military service.

The Board found that the Veteran's service connection claim for a left inguinal hernia was not supported by evidence showing a nexus between his current condition and his military service, as there is no credible evidence of treatment or diagnosis during service. The first post-service evidence of a left inguinal hernia was dated nearly two decades after discharge from service.

The Veteran's service-connected skin condition, including right ear basal cell carcinoma and left ear squamous cell carcinoma, along with hyperkeratotic skin lesions of the face and arms, is rated at 50 percent disabling.

The appellant is not entitled to enhanced DIC benefits because she was not continuously married to the Veteran for the eight years preceding his death.

The Board has denied the Veteran's claims for service connection for vitiligo and residuals of an acoustic neuroma of the left ear, finding that there is no medical evidence linking these conditions to his military service.

The Board has determined that the overpayment of additional compensation for a dependent under Chapter 11 of title 38, United States Code was properly created for the period from February 1, 2002 to October 26, 2004 and improperly created from October [redacted], 2004 to July 31, 2008. The RO is required to recalculate the amount of the Veteran's overpayment debt.

The Veteran's appeal is being remanded for additional development, including obtaining relevant SSA records and seeking VA medical examinations to determine the relationship between his lung disability or pneumonia and service.

The Board denied the Veteran's claim as medical expenses paid in 2006 could not be applied to his December 2006 pension application, as they were incurred prior to the date of his claim.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining a one-time payment from the Filipino Veterans Equity Compensation Fund, and thus, legal entitlement to such benefits is denied.

The appellant's income exceeds the maximum annual income limitations for death pension benefits, and thus she is not eligible for nonservice-connected death pension benefits.

The Board denied the Veteran's claim for service connection for residuals of a lower back injury, finding that there was no evidence of an in-service injury and noting that any current condition is not related to service. The appeal is dismissed.

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

The Board dismissed the appeal due to the death of the appellant, and thus has no jurisdiction to adjudicate the merits of this claim.

The Board found that the Veteran's pre-existing left foot disorders, including pes planus, hallux valgus, and hammertoes, were not aggravated by his active service. The surgery conducted in-service was to relieve pain and correct a deformity caused by hallux valgus.