Other conditions decisions — 2012

The appellant's service is not considered a qualifying period for nonservice-connected pension benefits due to lack of active duty during a period of war, and thus the claim 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 thus denied his claim.

The Veteran's death was due to pancreatic cancer, and he had been receiving disability benefits at the 100% rate for at least eight years prior to his death. The appellant is currently receiving the maximum monthly DIC entitlement amount allowed under relevant law.

The Veteran's death was not caused by a service-connected disability, and the Board finds that squamous cell carcinoma of the tongue is not related to his military service, including any presumed Agent Orange exposure.

The Board has remanded the case for additional development due to failure to provide adequate notice of unavailability of VA medical records.

The Board denied the Veteran's claim for service connection for ulcers, finding that new and material evidence had not been submitted to reopen his previous denial.

The Board has decided to remand the Veteran's claims for service connection due to insufficient rationale provided in the November 2011 VA examination and a need for additional evidence, including court-martial records.

The Court has held that the Veteran's basal cell carcinoma is the result of disease or injury in service, and thus service connection for this condition is granted.

The Veteran's claims for increased ratings and earlier effective dates were denied. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that the Veteran's body aches, joint pain, and back pain are not related to service. The fatigue is attributed to obstructive sleep apnea.

The Board finds that the May 2006 VA medical treatment resulted in an additional disability, left great toe amputation, due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part. As a result, the Veteran is entitled to compensation under 38 U.S.C.A. § 1151.

The Board found that the Veteran's squamous cell carcinoma of the skin did not have its onset during service or within a presumptive period due to herbicide exposure, and was not related to his military service. The cause of death was attributed to metastases from the cancer.

The Board denied the Veteran's claim for service connection for Merkel cell carcinoma, finding that it did not meet the criteria for service connection due to lack of in-service diagnosis or observation.

The Board has reopened the Veteran's claim for service connection for allergies and granted it. The issue of service connection for postoperative residuals of a total hysterectomy and left salpingo oophorectomy remains pending.

The Veteran's chest pain is found to be a chronic condition that began during service and has persisted, warranting service connection.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for a left leg disability is denied, and his claim for TDIU due to service-connected disabilities is also denied.

The Board has determined that the Veteran's left wrist ganglion cyst manifested during her active duty service and was excised, meeting the criteria for service connection.

The Veteran's post-concussional cognitive disorder was rated at 30 percent, and the RO reduced this rating to 0 percent effective June 1, 2006. The Board finds that there is no evidence of actual improvement in the disability prior to June 1, 2006.

The Board has ordered a remand to obtain additional medical records and to schedule the Veteran for an appropriate VA examination to determine the nature and likely etiology of her claimed left leg disability. The appeal is currently in remanded status.

The appellant's father, who is in receipt of a nonservice-connected pension due to permanent total disability, does not meet the criteria for eligibility for Dependents' Educational Assistance (DEA) benefits under Chapter 35.