Other conditions decisions — 2011

The Board determined that the appellant forfeited all accrued or future gratuitous benefits under laws administered by VA due to his service in the Japanese-sponsored and controlled Bureau of Constabulary (BC). The decision is denied.

The Board found that the Veteran's death was not caused by a service-connected disability, as there is no evidence of any heart disorder during his military service and no causal connection to service.

The Board found that the overpayment of VA compensation benefits was properly created due to the retroactive termination of the appellant's spousal allowance for his former spouse K., and subsequent award of an additional allowance for his current wife J. The effective date of these changes is based on when he notified VA of his dependency status.

The Board found no medical evidence linking the Veteran's current scrotal sensitivity or orchalgia to his service, and denied the claim for service connection.

The Veteran's cause of death was due to metastatic colon cancer, colitis, and pneumonia. The Board found that none of these conditions were service-connected or related to his service-connected disabilities.

The Board has remanded the claims for further development due to incomplete file and inextricably intertwined with another claim. The appellant's representative references a Supplemental Statement of the Case issued in January 2011, but it is not included in the current file.

The Veteran's claim for reimbursement or payment of non-VA emergency services provided at Memorial Hospital in Colorado Springs, Colorado, on August 21, 2004, was denied as he did not meet the eligibility criteria under VA regulations.

The Board found no evidence of a relationship between the Veteran's bronchiectasis and his service or nicotine dependence, thus denying the claim for service connection.

The Veteran's claim for reimbursement of LAC fees associated with examinations taken in March 2005, September 2005, September 2006, and March 2007 administered by the Puerto Rico Board of Bar Examiners was denied as her claim was received more than one year after the tests were completed.

The Veteran's daughter, L.M., is seeking recognition as the 'helpless child' of her father on account of permanent incapacity for self-support prior to reaching age 18. The RO has denied this claim and the appellant wishes a Board hearing at the RO.

The Veteran's service-connected urethral stricture does not qualify for an annual clothing allowance as there is no indication of wear and tear on his clothing due to the condition, nor any need for a physician-prescribed medication related to the condition.

The Veteran has withdrawn their appeal, and the case is dismissed.

The Veteran's claim for an initial compensable disability rating for residuals of fracture of the right scapula is being remanded due to the need for additional development, including obtaining updated medical records and scheduling a VA examination.

The Veteran's service-connected spondylolisthesis L5-S1 is currently rated at 10 percent, and the Board finds that this rating is appropriate given the current functional limitations of the Veteran.

The case is being remanded due to procedural issues and the need for clarification regarding the withholding of VA benefits from the Veteran's account. The appellant needs to be notified about her right to appeal and the content of her substantive appeal.

The Board denied the Veteran's claim for an earlier effective date for a dependent spouse allowance, finding that he did not notify VA of his divorce until 1991 and continued to accept full payments despite knowing he was no longer married.

The Board denied the appellant's claim for apportionment of the Veteran's VA benefits on behalf of their two minor children, finding that the Veteran was reasonably discharging his responsibilities for their support and that the appellant did not provide credible evidence to support her claims.

The Board has determined that the submitted evidence is not new and material, thus denying the appellant's request to reopen her claim of entitlement to VA death benefits based on her late husband's service.

The Board denied service connection for missing teeth numbers 8 and 9, finding that the loss was due to trauma caused by willful misconduct (drinking alcohol).,VA also denied service connection for these teeth for VA dental treatment purposes as the Veteran is not service-connected for any other disability.

The Board found that the appellant did not have qualifying service in the United States Armed Forces, including as a recognized guerrilla under the Commonwealth of the Philippines. Therefore, he does not meet the basic eligibility criteria for the one-time payment from the FVEC.