Other conditions decisions — 2011

The Veteran's claim for nonservice-connected pension benefits was denied as he did not serve during a period of war and his income exceeded the maximum annual disability pension limit.

The Veteran's claim is being remanded for additional development, including obtaining outstanding VA treatment records and scheduling a VA examination. The appeal involves the rating of his service-connected low back disability.

The Veteran's service-connected arthritis and tendonitis of the left ankle is rated at 40 percent, which is the highest schedular rating available for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and attempting to locate any relevant private or VA treatment records.

The Veteran's claim for service connection for varicose veins is being remanded due to the need for further development, including a VA vascular examination.

The Board denied the reopening of a claim for service connection for the cause of the Veteran's death due to lack of new and material evidence, as no evidence was provided that linked the cause of death (cessation of circulation due to chronic diarrhea) to service or any in-service exposure.

The Board has granted the Veteran's claim for service connection for ulcers, finding that his symptoms are likely due to his second term of active duty service. The rating assigned is 50 percent.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed due to the death of the claimant during the pendency of the appeal.

The Board has determined that further examination is necessary before a decision on the merits can be made regarding service connection for a sleep disorder and TDIU. The Veteran's claim will be remanded to allow for additional development.

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 has remanded the case due to a procedural error in considering financial information for the entire time period between May 2001 and March 2004. The appellant is required to provide evidence of her eligibility for death pension benefits during this period.

The Veteran's appeal of the denial of an effective date prior to March 12, 2002, for a total disability evaluation based on individual unemployability has been withdrawn.

The Veteran's appeal has been withdrawn and the case is dismissed.

The Board denied the Veteran's request for a waiver of recovery of overpayment of VA disability compensation, finding that while the initial creation of the debt was due to VA administrative error, the Veteran's failure to return the erroneous payment contributed to payment pursuant to an erroneous award. The Board also found that repayment would not cause undue financial hardship and would not defeat the purpose for which the benefits were intended.

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.

The Board found that there is no evidence of a relationship between the Veteran's current left elbow disorder and his military service, including in-service tendonitis. The claim for service connection was therefore denied.

The Board found that the Veteran's non-Hodgkin's lymphoma was not incurred in or aggravated by military service, including claimed exposure to ionizing radiation and chemicals.

The Board has granted service connection for a vascular disability of the lower extremities, including venous insufficiency and varicose veins. The issue of entitlement to a higher (compensable) initial rating for allergic rhinitis is remanded.

The Veteran's right testicle disorder was not present in service or until many years after service, and there is no competent medical evidence that any current testicle disorder is related to service, including as due to herbicide exposure. The claim for an increased rating for bilateral defective hearing will be addressed in a separate remand.

The Board has ordered the remand of the case due to a failure by VA to obtain records from a Special Court Martial involving the Veteran's discharge. The case is now being returned for further development and readjudication.