Other conditions decisions — 2012

The Board has decided to remand the Veteran's claim for further development due to an inadequate VA examination.

The Board found that the apportionment of the Veteran's VA benefits for the months of January through April 2008 was not appropriate and granted an apportionment starting May 1, 2008.

The Veteran died of Acute Myelogenous Leukemia, which is not a disease presumed to be associated with Agent Orange exposure. Service connection for the cause of death was denied as there is no evidence linking the leukemia to service or presumptive exposure.

The Veteran's claim for service connection and special monthly compensation based on loss of use of a creative organ was received by VA on May 14, 2009. The Board found that the earliest effective date is May 14, 2009.

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 Veteran's appeal is being remanded due to his inability to attend the scheduled hearing. He requested a Travel Board hearing instead.

The VA determined that the appellant did 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 denied eligibility for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's cerebrovascular accident and resulting residuals are found to be due to uncontrolled hypertension, which did not meet a reasonable standard of care. The Board grants compensation benefits under the provisions of 38 U.S.C.A. § 1151.

The Board has determined that the appellant does not have qualifying service and therefore does not meet the requirements for basic eligibility to receive a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The case is being remanded for scheduling a videoconference Board hearing at the RO. The appellant will be notified of the date and time of the hearing.

The Veteran's bowel adhesions were granted service connection effective April 1, 2008. Her laparoscopy scar is rated at 10 percent and her small bowel resection due to adhesions associated with left salpingo-oophorectomy is also rated at 10 percent.

The Veteran was granted service connection for impairment of facial muscles, including the Masseter muscle and Aeragoid muscles from December 20, 1973 to June 1, 1995. He was also granted a compensable rating for impairment of right fifth cranial nerve from December 14, 2006 onward.,The Veteran's service-connected impairment of facial muscles, including the Masseter muscle and Aeragoid muscles were rated at 10 percent from June 1, 1995 to December 14, 2006. He was also granted a compensable rating for impairment of left seventh cranial nerve from December 14, 2006 onward.,The Veteran's service-connected impairment of facial muscles, including the Masseter muscle and Aeragoid muscles were rated at 20 percent from December 14, 2006 onward. He was also granted a compensable rating for impairment of right fifth cranial nerve from December 14, 2006 onward.

The Veteran's appeal has been withdrawn before the Board could make a decision.

The Veteran's appeal is being remanded for a Board videoconference hearing. The overpayment in the amount of $9,062 will be reconsidered after the hearing.

The Board has determined that the Veteran's claims for service connection for nerve damage with numbness and pain of the bilateral feet, hips, thighs, and lower back and dizzy spells, as well as his claim for compensation under 38 U.S.C.A. § 1151 for staples in the right side of the hip, status post prostate cancer surgery, have been denied due to lack of evidence showing that any additional disability was proximately caused by VA care or treatment.

The Veteran's claims for increased evaluations for residuals of cold injury to both feet were denied as the evidence did not show that his symptoms warranted a higher evaluation.

The Board found that the Veteran's claimed arm and leg pains are not related to his active service, including as an undiagnosed illness. The pain is attributed to osteoarthritis of the joints.

The Board denied the appellant's claim for accrued benefits, finding that he did not provide evidence showing he bore any of the Veteran's last sickness expenses. As a result, only the $300 VA has already reimbursed him for the Veteran's funeral costs is allowed.

The Veteran's current gland disorder and lymph node enlargement were not shown to be related to his service-connected condition, dissecting scalp cellulitis with keloid formation and alopecia.