Other conditions decisions — 2011

The Board has remanded the case for further development, including obtaining medical records and providing a VA medical opinion regarding whether the Veteran's cause of death was related to his service, specifically Agent Orange exposure.

The Veteran's appeal is being remanded for scheduling a video hearing before the Board at the RO. The case will be returned to the Board after the hearing.

The Veteran's temporal lobe syndrome with ischemic brain damage was not first manifested in service or for many years afterward, and the preponderance of the evidence is against a finding that any currently diagnosed temporal lobe syndrome is related to military service. The Veteran does not have a disability rated at 100 percent, nor is he housebound; therefore, his claim for special monthly pension based on need for aid and attendance of another person is denied.

The Board denied the Veteran's claim of reopening his service connection for an eye disorder, finding that new and material evidence had not been submitted.

The Board has determined that new and material evidence has been submitted to reopen the claim of basic eligibility for VA benefits, but it is not clear whether this evidence establishes service connection. The appellant's previous denial was based on a lack of certified service records from the U.S. Department of the Army.

The Veteran's death is being reviewed to determine if any of his conditions, including Crohn's disease and intestinal transplants, are related to service or pre-existing conditions. The case has been remanded for further review.

The Veteran's appeal for service connection for bilateral Achilles tendonitis has been dismissed due to the death of the appellant.

The Veteran's unreimbursed medical expenses for the year 2005 were $741.00, which is less than 5% of his maximum annual pension rate ($665.00). The Board granted exclusion of $76.00 from countable income due to these expenses.

The Veteran's request for educational assistance benefits under the Montgomery GI Bill - Active Duty (MGIB-AD) is being remanded due to missing documents and a potential issue with participation in the program.

The Veteran's death was not service-connected, and he did not meet the criteria for burial or plot allowance under VA regulations. However, his daughter filed a timely claim for a plot or interment allowance after his death, which is granted.

The Board found that the Veteran's facial neuralgia, to include trigeminal neuralgia, was not incurred in or aggravated by service and denied his claim.

The appellant's claims for nonservice-connected pension and a one-time payment from the Filipino Veterans Equity Compensation Fund were denied as she does not meet the requirements of basic eligibility for these VA benefits due to lack of qualifying service.

The Board has determined that the appellant does not have qualifying service for the one-time payment from the Filipino Veterans Equity Compensation Fund, and thus is denied.

The Board has remanded the case due to the appellant requesting a video conference hearing, and this matter is not ready for appellate review.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service in the United States Armed Forces.

The Veteran's May 1999 eye surgery did not result in any additional bilateral vision loss, and the Board found that VA had exercised reasonable care during the procedure.

The Board found that the Veteran's peripheral vascular disease of both lower extremities is related to service, and granted service connection for this condition. The Board also found that coronary artery disease was not incurred in or aggravated by service, but may be presumed due to a service-connected disability (presumably his shrapnel wounds). Degenerative disc disease of the lumbar spine was not shown to be directly related to service.

The Veteran's spouse was notified of her eligibility for Dependents' Educational Assistance (DEA) benefits on May 7, 1997. The appellant's application for DEA benefits was received in April 2008, which is after the 10-year delimiting period and no extension was granted due to lack of medical evidence showing she was prevented from initiating or completing the program.

The Veteran's cancer of the tongue, throat, and neck was not shown to have had onset during service or be related to exposure to ionizing radiation. The claim for service connection is denied.

The Board has remanded the case for further development, including obtaining a supplemental statement from Dr. Cantagallo regarding whether the veteran's service-connected rheumatic fever caused or aggravated his non-service-connected multiple joint arthritis and myalgia.