Other conditions decisions — 2011

The Board is remanding the case to verify if the appellant served in the military forces of the Government of the Commonwealth of the Philippines, under authority of the United States Army from August 6, 1942, to September 27, 1945.

The Veteran's niece, the appellant, was awarded $300 for funeral and burial expenses due to her uncle's receipt of VA compensation at the time of his death. The claim for additional burial benefits greater than $300 is denied as service connection for the cause of the Veteran's death has not been established. A plot or interment allowance in the amount of $300 was granted.

The Veteran's claim for special monthly pension based on the need for aid and attendance was denied as there is no evidence that he requires regular aid and assistance due to his visual impairment.

The Board has determined that the appellant does not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is not eligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's current skin disorder affecting the toenails is at least as likely as not related to active service, and the Board finds that a preponderance of evidence supports direct service connection.

The Board determined that the Veteran's medical expenses at Strong Memorial Hospital on October 21, 2009 were not authorized for reimbursement by VA and thus denied his claim.

The Veteran's appeal for nonservice-connected pension benefits is denied as he does not have verified wartime service and, therefore, the basic eligibility requirements for establishing entitlement to VA nonservice-connected pension benefits have not been met.

The Veteran's appeal is being remanded due to a scheduling issue for a Board hearing. The claim of entitlement to service connection for right eye blindness remains pending.

The Board has determined that the appellant does not have qualifying service for the purpose of receiving the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran developed a left leg disability as a result of treatment at a VA medical facility, which was not the result of his willful misconduct and is considered an event reasonably foreseeable. The Board grants compensation benefits under 38 U.S.C.A. § 1151 for the additional disability.

The Board has remanded the case due to incomplete verification of service records and need for a medical examination to determine the etiology of the Veteran's neck disorder.

The Veteran's cause of death, listed as probable atherosclerotic cardiovascular disease on his death certificate, is found to be service-connected due to presumed exposure to herbicide agents during service in the Republic of Vietnam.

The Veteran's claim for an increased disability evaluation for aphonia resulting from laryngeal cancer was denied by the Board, as the schedular criteria are inadequate and there are no exceptional factors such as marked interference with employment.

The Veteran's fatigue is caused by his service-connected GERD and migraine headaches, which are related to his sleep disturbance.

The Veteran's claim for educational assistance benefits under Chapter 1606, Title 10, United States Code (Montgomery GI Bill for Selected Reserves - MGIB-SR) is denied as he does not meet the basic eligibility requirements from October 1, 2003.

The Board has determined that there is no evidence to support the Veteran's claim of service connection for his left heel bone cyst, as it was not caused by or aggravated by military service.

The Veteran's application for educational assistance benefits under the Post-9/11 GI Bill was approved, but she is limited to the time remaining on her MGIB benefits. The RO has denied her request for a 12-month extension of her benefits due to lack of proper notification regarding the irrevocability of her election. The case is REMANDED to allow the RO to associate with the claims file any additional evidence establishing that she was informed of and acknowledged the irrevocability of her election.

The Veteran's residuals of a middle lobectomy were granted with a 10 percent rating effective January 20, 2011. Prior to this date, the condition was rated as noncompensable.

The Veteran's claims for service connection for a lung disorder and sterility are being remanded due to the need for additional examinations and development of his medical records.

The Board found that the overpayment of $6,729.40 was properly created and denied a waiver due to fault on the part of the Veteran for not promptly reporting her SSA disability benefits.