Other conditions decisions — 2011

The Veteran's request for waiver of overpayment of $13,565.12 was not timely filed and a waiver may not be granted.

The Board has remanded the case due to the appellant's inability to attend a scheduled hearing and requested that a videoconference hearing be arranged at the Iron Mountain VAMC. The RO is also instructed to obtain a social and industrial examination to assess the appellant's disability status, particularly focusing on his capability for self-support around the age of 18.

The Veteran's appeal is for a higher initial rating of his post-traumatic arthritis of the left foot, which was granted service connection but with an initially noncompensable rating. The Board has ordered a new VA examination to reassess the severity of this disability.

The Veteran's claim for an initial rating in excess of 10 percent for tendinitis/metatarsalgia of the bilateral feet is being remanded due to a need for further evidentiary development, including obtaining recent treatment records and conducting a VA examination.

The Veteran seeks service connection for bilateral defective hearing, claiming exposure to acoustic trauma in service. The case is remanded due to incomplete records and the need for a VA examination.

The Veteran's cause of death, malignant giant cell tumor - metastatic, is found to be related to his in-service exposure to Agent Orange. The Board grants service connection for the cause of the Veteran's death.

The Veteran's appeal is being remanded for scheduling a hearing before the Board of Veterans' Appeals at his local regional office in Montgomery, Alabama.

The Board has remanded the case due to the need for additional VA medical records and further development of the claim.

The Veteran withdrew her appeal regarding the initial evaluation for Wegener's granulomatosis.

The Board has determined that there is no legal basis to grant an earlier effective date for the addition of the Veteran's spouse as a dependent, as the claim lacks merit and must be dismissed.

The Veteran's service-connected bilateral postoperative gynecomastia is currently rated at 10 percent, which is the maximum schedular rating available.

The Veteran's appeal is being remanded for additional development as the claim involves unauthorized dental expenses incurred in September and October 2007. The VAMC will obtain copies of any private dental treatment records from the Veteran's dentist to determine eligibility.

The Veteran seeks service connection for chronic left hip disorder, including injury residuals and quadriceps muscle strain residuals. The Board has remanded the case to obtain additional medical records and to schedule a VA examination.

The Board found that there is no evidence showing a cataract of the right eye manifested during service or within close proximity to service, and the Veteran's current condition is not related to his military service.

The Board has determined that additional development is needed, including obtaining medical records and reports from the Veteran's VA field examiner. The Veteran will be scheduled for a VA examination to determine his competency in handling VA funds.

The appellant is not eligible for VA death benefits, including Dependency and Indemnity Compensation (DIC), as her marriage to the Veteran was less than one year prior to his death. The Board found that she did not meet the criteria for a surviving spouse due to legal impediments preventing her from marrying earlier.

The Veteran's appeal is being remanded for further development, including consideration of a claim regarding CUE in a November 1992 rating decision and readjudication of the effective date issue.

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

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

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.