Other conditions decisions — 2011

The Board denied the appellant's request to reopen her claim for basic eligibility for VA benefits, finding that no new and material evidence had been submitted since the July 2003 denial.

The Board has decided to remand the case for further development, including obtaining Social Security Administration records and providing a VA psychiatric examination.

The Board denied the appellant's claims for service connection for cause of death and Dependents' Educational Assistance (DEA) benefits. The Board found that there was no evidence to support a link between the Veteran's esophageal cancer, which developed many years after his military service, and his presumed exposure to herbicides in Vietnam.

The Board has determined that additional development is needed to determine the cause of the Veteran's death and whether it is related to his service-connected conditions or other factors. The claim will be returned for further action.

The Board has determined that the Veteran's residuals of a gunshot wound of the right hand with degenerative changes more nearly approximate involvement of two digits with limitation of motion due to ankylosis of the wrist in a position other than favorable, warranting a rating of 40 percent.

The Board finds that the reduction in disability compensation benefits due to incarceration for a felony conviction was proper, and thus denies the claim.

The Veteran's claim for service connection for residuals of a right thumb injury, to include the right thumbnail, is denied as there is no competent or credible evidence of current disability.

The Board has remanded the case for a travel Board hearing before a Veterans Law Judge at the Newark, New Jersey, Regional Office due to the Veteran's hospitalization in June 2011.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for residuals, colon injury, secondary to radiation seed implant. The case has been remanded due to the need for a VA examination to determine if there are any residual disabilities and whether they were caused by VA fault or not reasonably foreseeable.

The Board has ordered additional development to obtain pertinent medical records and ensure that the Veteran's claims are properly considered. The case will be returned for further review after all necessary actions have been completed.

The Board has determined that the appellant had no qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. As such, they are not eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board denied the claim for an effective date later than April 1, 2009, for the discontinuation of DIC payments due to the death of the Veteran's surviving spouse on April [redacted], 2009. The law mandates that the effective date be the last day of the month before such death occurs.

The Veteran's claim for an increased rating for residuals of a shell fragment wound to the left thigh with partial paralysis of the anterior crural nerve was denied by the Board.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for multiple joint swelling and arthralgia, and gout was incurred in service. The Veteran's current condition of gout is established.

The Board found that the Veteran's death was due to arteriosclerotic heart disease, which is not service-connected. The Board determined that his service-connected cold injury residuals of bilateral feet did not cause or contribute substantially to his death.

The Veteran's left eye disability is not deemed to be caused by VA carelessness, negligence, or error in judgment. The Board found no additional disability due to the VA procedures.

The Board found that the Veteran has continuously experienced symptoms of myasthenia gravis since service, and granted service connection for this condition on a direct basis.

The Veteran's right knee disability, which was initially granted service connection for in September 2006 and rated at 10 percent prior to April 16, 2011, is not entitled to a higher rating during this period.

The Veteran's claim for an increased evaluation of his service-connected left leg varicose veins is being remanded due to the need for a new VA examination and additional medical records.

The Veteran's appeal is being remanded to the RO for further development and readjudication due to new legislation that may affect his claim.