Other conditions decisions — 2011

The Veteran does not have vocal cord polyps that are service-connected, including as due to exposure to herbicides in Vietnam.

The Veteran's appeal for nonservice-connected pension benefits from February 1, 2005 to April 30, 2008 is dismissed as such benefits have already been received and repayment of such monies has already been waived. The issue pertaining to the period beginning May 1, 2008 remains under review.

The Veteran's psychotic disorder has been granted and assigned an initial evaluation of 50 percent. The TDIU claim is addressed in the REMAND portion.

The Veteran's claim for service connection for pulmonary fibrosis, to include as due to asbestos exposure, is being remanded for further development and examination.

The Veteran's service connection claim for a left foot disability is denied as there is no current diagnosis of any left foot disorder and the stress fracture resolved during service.

The Board found that the reduction of the appellant's disability compensation benefits due to incarceration was proper and denied the appeal.

The Board has remanded the case due to a need for additional information regarding the Veteran's Naval Reserve service.

The Board denied the appellant's claim for nonservice-connected burial benefits because it was not received by VA within two years of her husband's burial, as required by law.

The Board determined that the appellant's bad conduct discharge from service is a bar to VA benefits, as he was not insane at the time of committing offenses and his misconduct was willful and persistent.

The Veteran's appeal is remanded due to scheduling issues, and he will be rescheduled for a Travel Board hearing.

The Board has determined that the Veteran's service-connected fibrositis contributed to his death, and thus grants service connection for the cause of the Veteran's death.

The Veteran's child is not eligible for Dependents' Education Assistance (DEA) benefits under 38 U.S.C. Chapter 35 because she reached her 26th birthday before the effective date of the permanent and total service-connected disability rating.

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. Therefore, they have denied basic eligibility for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's service-connected thoracic spine degenerative joint disease is currently rated at 20 percent, and the Board has found that this rating adequately reflects his current disability level.

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

The Board has ordered additional medical records to be obtained and a neurologist's opinion is requested. The Veteran was treated for right foot hallux abducto valgus, partial paralysis of the right side, and memory loss due to VA medical treatment in May 2000.

The Board found that the appellant willfully misrepresented her income in order to receive VA death pension benefits, which resulted in an overpayment. The Board concluded that this constitutes bad faith and thus precludes waiver of recovery of the overpayment.

The Veteran's claim for service connection for the residuals of an acquired malocclusion and temporomandibular joint dysfunction (TMD) is being remanded due to a need for further development, including a VA examination to determine if her TMD was aggravated by her service-connected cervical spine disability.

The Board denied the Veteran's claims for service connection for cold weather injuries of the ears, hands, and feet and Raynaud's syndrome due to lack of evidence showing a current disability that either occurred in or was caused by service.

The Board has determined that the Veteran's right calf scar is a residual of an in-service shrapnel injury and grants service connection for this condition.