Other conditions decisions — 2011

The Veteran's claim for service connection for conjunctivitis of the right eye, including as secondary to his service-connected pterygium, was denied.

The Board denied the Veteran's claim for service connection for status post growth removal of the larynx, finding no evidence that his current condition is related to his active military service.

The Board found that the service-connected disabilities did not cause or contribute to the Veteran's death from acute myelogenous leukemia, and thus denied the claim.

The Veteran's claim for a higher disability rating for his service-connected right humerus fracture is being remanded due to the need for additional development, including obtaining treatment records and scheduling an appropriate VA examination.

The Board denied the appellant's claim for VA benefits under 38 U.S.C.A. § 1805 for spina bifida as the child of a Vietnam Veteran due to lack of in-country service in the Republic of Vietnam, and therefore did not meet the legal criteria for eligibility.

The Board denied the Veteran's claims for service connection for PTSD, a respiratory disability, and a genetic condition. The appeal was not about service connection at all in regards to his nonservice connected pension benefits claim.

The Board denied service connection for a right eye disorder in October 1996, finding that the Veteran's pre-existing condition was not aggravated during service. The claim is being reopened based on new evidence submitted since then.

The Veteran's claim for service connection for missing teeth due to dental trauma resulting from combat wounds or service trauma is denied as he does not have a compensable dental disability.

The Board has determined that additional development is needed to properly evaluate the appellant's claim for an increased evaluation for microcytic anemia with generalized fatigue. This includes obtaining all relevant medical records and scheduling a VA examination.

The Veteran's service connection claim for loss of teeth #7 and #8 was denied as there is no indication that he has lost the substance of the body of maxilla or mandible, which are required for a dental disability to be considered disabling for VA compensation purposes.

The Veteran died in 2006 from respiratory failure. The RO denied service connection for the cause of death because there was no evidence showing that his death was caused by a service-connected disability. The case is being remanded to provide proper VCAA notice and additional development.

The Board has determined that the Veteran's current dental conditions, including missing anterior teeth, broken posterior teeth, and inability to speak or chew properly, are not related to service trauma. As a result, the claim for service connection is denied.

The Veteran's entire active service period from June 2000 to June 2003 was subject to the education loan repayment program under 10 U.S.C., Chapter 109. As a result, none of this service can be counted as a period of service for entitlement to educational assistance under the Post-9/11 GI Bill.

The Board has determined that the appellant did not have recognized service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the U.S. Armed Forces during World War II and therefore is not eligible for payment from the Filipino Veterans Equity Compensation Fund.

The Board has determined that a waiver of recovery of overpayment of VA Chapter 1606 education benefits in the amount of $19,400.45 is granted due to the appellant's lack of fault in creating the debt and the hardship it would cause.

The Veteran's appeal is remanded for further development, including a VA examination to assess the severity of his service-connected right lower extremity condition.

The Board denied an initial evaluation in excess of 20 percent for neurological deficit of the left upper extremity associated with cervical spine disability.

The Board has determined that the Veteran's current abdominal/gynecological disabilities, including endometriosis and its residuals, are attributable to service.

The Board has remanded the case due to insufficient rationale in the August 2009 VA opinion regarding the cause of death and its relation to service-connected anemia. The Veteran died from severe anemia and rectosigmoid cancer with metastasis, but the examiner did not provide a clear explanation for whether the service-connected anemia contributed substantially or materially to his death.

The Veteran's appeal is being remanded for further development, including obtaining a new VA medical examination to assess the current nature and severity of his right and left heel spur syndrome.