Other conditions decisions — 2012

The Board has found new and material evidence to reopen the claim of service connection for a left eye disorder. The Veteran's current diagnoses, including probable amblyopia, raise a reasonable possibility of substantiating his claim.

The Board found no evidence of a current right eye disability and concluded that the Veteran's reported symptoms are not credible. As a result, service connection for a right eye disability cannot be established.

The Veteran's claim for service connection for residuals of dental trauma for teeth numbers 23, 24, 25, and 26 is granted for VA treatment purposes only. The Veteran sustained in-service dental trauma resulting in the loss of these teeth, which qualifies him for VA outpatient dental treatment.

The Board has determined that the appellant had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces during World War II and therefore is not eligible for benefits from the Filipino Veterans Equity Compensation Fund.

The Veteran's lung disability, including emphysema, bronchial pneumonia, spontaneous pneumothorax and residuals of thoracotomy, is currently rated as 30 percent disabling beginning on August 17, 2005. The RO has been instructed to obtain additional medical evidence and schedule the Veteran for a VA examination to determine if a higher rating is warranted.

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

The Board finds that the appellant is not entitled to recognition as the surviving spouse of the Veteran for VA benefit purposes due to their legal divorce in March 1973 and lack of deemed valid marriage. The appellant's receipt of Social Security Administration benefits does not affect this determination.

The Board has remanded the case due to a need for additional review of recent financial information submitted by the appellant.

The Veteran's unauthorized medical expenses incurred at a private facility for his burn injuries and subsequent cardiac surgery are covered by VA from January 8, 2004 to January 14, 2004.

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 in the United States Armed Forces.

The Board found that the Veteran's throat cancer did not originate in a location covered by the presumptive service connection for herbicide exposure, and thus denied his claim.

The Veteran's pension benefits were reduced due to his spouse, D.J.B., receiving Social Security income. The Board determined that the common-law marriage between the Veteran and D.J.B. ended in January 2005, which is when VA should have stopped counting her SSA income as part of the Veteran's countable income.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's service-connected cold injury residuals contributed significantly or materially to his death. The claim will be returned for further development.

The Board found that the Veteran's net worth during his lifetime was not a bar to pension entitlement with respect to the claim pending at the time of his death, thus granting the appeal.

The Veteran's appeal is being remanded for a new hearing before a Veterans Law Judge at the RO. The case will be returned to the Board after the hearing.

The Board has granted the veteran's request for Hospital, Nursing Home and Domiciliary Care benefits under 38 U.S.C.A. § 1710(a)(2)(G) for the period from July 3, 2008 to July 2, 2009 based on minimum attributable income.

The Board found that there is no evidence of limitation of motion due to osteoporosis and the Veteran's symptoms, including chronic pain, are not a result of osteoporosis. As such, the criteria for an initial compensable rating for steroid-induced osteoporosis have not been met.

The Veteran's death was caused by malignant lymphoma with metastases, which the Board finds is related to his in-service exposure to benzene. The claim for service connection for the cause of the Veteran's death is granted.

The Board is remanding the case to address whether new and material evidence has been received to reopen claims of service connection for back strain, hamstring pull, and left quadriceps rupture. The AOJ should also adjudicate the Veteran's request to reopen the October 1986 Administrative Decision regarding his dishonorable service period.

The Veteran's appeal is being remanded for a new VA examination to determine the current severity of his service-connected bilateral pes cavus with Achilles tendonitis. The case will be readjudicated after the examination.