Other conditions decisions — 2011

The Veteran died from Acute Myelogenous Leukemia, with Chronic Obstructive Lung Disease as a significant condition contributing to his death. The cause of death is not service-connected.

The Veteran's appeal is remanded for additional development, including obtaining records of his treatment by Dr. B.D.K., and a VA examination to assess the nature, activity, and severity of his non-Hodgkin's lymphoma.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for dental trauma, including loss of tooth # 29. However, the appellant does not have a dental condition resulting from in-service trauma or disease.

The Veteran's common variable immunodeficiency was initially manifested in service by episodes of sinusitis and varicella infection with varicella pneumonia. The Board finds that the preponderance of competent medical evidence shows this condition was incurred during active service.

The Veteran's right hip fracture was not caused by VA hospital care, medical or surgical treatment, or examination. The claim is denied.

The Board found that the Veteran does not have an enlarged heart and thus denied his claim for service connection.

The Veteran died before his VA special monthly pension benefits were paid into the joint account of the appellant and the Veteran. The benefits were subsequently canceled due to the death, leaving no accrued benefits for reimbursement.

The Board has determined that the Veteran does not have a current disability of malaria and therefore, service connection for malaria is denied.

The Board denied earlier effective dates for the payment of additional benefits for the Veteran's dependents due to lack of proof of dependants within one year of notification and failure to submit VA Form 21-686c.

The Veteran's claim for an earlier effective date for additional compensation benefits for his spouse was denied as he did not respond to a request for dependency information within one year of notification. The effective date is set at June 1, 2008.

The Veteran's service-connected left shoulder disability, which is the minor extremity, is currently rated as 10 percent disabling. The evidence does not show that his condition more nearly approximates criteria for a higher rating.

The Board has determined that the Veteran's spondylolisthesis is related to his active service and grants service connection for this condition.

The Veteran's claim for service connection for retinopathy and cataracts, to include as secondary to his service-connected diabetes mellitus, is being remanded due to the need for additional development.

The Board has determined that the Veteran's current left testicle disorder, diagnosed as testicular orchialgia, is related to an in-service groin injury. As a result, service connection for this condition is granted.

The Veteran's service-connected diabetes mellitus and/or coronary artery disease are not shown to have caused or aggravated a pulmonary/respiratory disability, nor is there evidence of an underlying elevated cholesterol and triglycerides condition. The Board therefore denies both claims for service connection.

The Veteran died from influenza A infection due to COPD. The claim for nonservice-connected burial benefits is denied as the Veteran was not in receipt of compensation at the time of death and his body was not held by a State or political subdivision. The claim for plot and interment allowance is granted, as all criteria are met.

The Board has determined that the Veteran's stroke was not incurred in service, but his post-concussion syndrome is service-connected. The appeal for a higher rating for post-concussion headaches remains pending.

The Board has remanded the case due to issues related to the reduction of disability compensation benefits and the overpayment, including a request for waiver of recovery. The appellant disagrees with both decisions.

The Veteran's transient ischemic attacks are rated at a minimum of 10 percent following a six month period after the date of the attack. The claim for an initial disability rating in excess of 10 percent is denied.

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, and therefore denies legal entitlement to this benefit.