Other conditions decisions — 2011

The Board has determined that the evidence received since the February 1987 rating decision is not new and material, thus denying the Veteran's request to reopen his claim for service connection for a left eye disorder.

The Veteran's appeal is being remanded due to the need for additional service records and further development of his case.

The Board denied DIC benefits as the appellant's father did not have veteran status and the appellant does not qualify as a child of a veteran for DIC purposes.

The Board denied the appellant's claim of basic eligibility for legal entitlement to VA benefits due to a lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces during World War II.

The Board denied the appellant's claim for a one-time payment from the FVEC fund due to lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board found that the new evidence received since the January 2004 rating decision is cumulative and redundant, and does not relate to the reasons for the original denial. Therefore, it did not meet the criteria for reopening the claim of service connection for refractive error with drusen, brunescens cataracts and color vision impairment.

The Board finds that the criteria for payment or reimbursement of medical expenses have been met, and thus grants the veteran's claim.

The Veteran's overpayment of VA Chapter 31 benefits was waived due to fault on both the Veteran's and VA's part, creating undue hardship and defeating the purpose of the program.

The Board has remanded the case for additional development to determine if the Veteran's dysphagia is related to his military service or secondary to his service-connected residuals of a tonsillectomy.

The Board has remanded the case for further development and readjudication due to a recent Court of Appeals decision, which found that the Veteran's claim may involve 'hospital care' under 38 U.S.C.A. § 1151.

The Board has remanded the Veteran's claims for additional development due to issues regarding pre-existing injuries and aggravation during service, as well as a need for clarification on whether his current diagnoses are related to military service.

The Veteran's appeal is remanded for additional development, including obtaining Social Security Administration records and scheduling a VA examination to determine if the Veteran was treated for a left thumb injury during service.

The Veteran's skin cancer, diagnosed as malignant fibrous histiocytoma, recurrent, status post left upper arm amputation, was not incurred in or aggravated by service and is not otherwise related to service. The Board finds the preponderance of the competent evidence against an award of service connection for this condition.

The Board has determined that the Veteran's left and right eye disabilities are not service-connected as they are considered to be a refractive error, which is not a service-connectable disease or disability.

The Veteran's fibrocystic breast disease is rated at a 10 percent evaluation, the maximum schedular rating available under Diagnostic Code 7804.

The Board denied the appellant's claim for service connection for a respiratory condition based on his post-September 11th National Guard service, finding that he did not have qualifying service and thus could not be granted basic eligibility for VA compensation.

The Board has remanded the case due to incomplete records and need for further clarification regarding whether VA treatment was available.

The Veteran has indicated that he does not wish to pursue a claim for service connection for his right leg disorder, and the appeal is dismissed.

The Board has determined that the appellant was not the Veteran's legal spouse at the time of his death and there is no credible evidence in the record to support a common-law marriage. As such, the claim for recognition as the Veteran's widow for purposes of VA benefits must be denied.

The Board has determined that additional development is needed to determine if the Veteran's fatal cancer was related to his in-service herbicide exposure, and thus whether he should be granted service connection for the cause of his death.