Other conditions decisions — 2012

The Board has decided to remand the Veteran's claims for service connection for residuals of a right eye injury and nose injury due to incomplete records, including missing personnel records from Fort Riley Kansas. The RO is instructed to obtain all relevant records, including those related to Operation Desert Storm, and to seek copies of any Social Security Administration (SSA) disability determination concerning the Veteran.

The Veteran's appeal for TDIU was dismissed due to his death during the pendency of the appeal.

The Veteran died due to sudden cardiac arrest with underlying cardiac fibrosis. The cause of death is not related to his service or any established disability.

The Veteran's claims for VA improved pension benefits and special monthly pension based on the need for regular aid and attendance were denied as they were not due and unpaid at the time of his death.

The Board has remanded the case due to a need for additional development regarding the appellant's son, who may qualify as a dependent child under VA criteria. The benefits sought on appeal will be reconsidered based on the updated evidence.

The Veteran is seeking an earlier effective date for the resumption of VA compensation benefits due to release from incarceration. The Board has determined that additional development is needed, including providing proper VCAA notice and ensuring that specialized contested claims procedures have been followed.

The Board has remanded the case for additional development, including obtaining clarification of the Veteran's intention regarding a hearing and obtaining addendum opinions to clarify the nature and etiology of any sleep disorder.

The Veteran has withdrawn his appeals regarding the issues of service connection for bilateral foot condition and an increased evaluation for vasodepressor syncope (seizures).

The Board has determined that an apportionment of 20 percent of the Veteran's compensation benefits is warranted for his dependent spouse, given her demonstrated financial hardship and the fact that it does not cause undue hardship to the Veteran.

The Veteran's failure to report his spouse's Social Security income led to an overpayment of nonservice-connected pension benefits, which was denied a waiver due to bad faith.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA ophthalmologic examination to determine the current nature and etiology of any current eye disorders.

The Board has determined that the Veteran's service-connected laryngeal nerve damage and vocal cord paralysis do not warrant a grant of service connection, as the evidence does not support a finding that these conditions are related to her military service.

The Veteran's claim for a higher disability evaluation for his service-connected respiratory condition is being remanded due to the need for clarification of his current pulmonary function test results and the need for an addendum to the March 2008 VA examination.

The Veteran's claim for service connection for a left leg disorder is granted. The Board finds that the Veteran has established an in-service injury and continuity of symptoms since service, but requires further medical examination to determine if any current left leg disorder is related to service.

The Board has reopened the Veteran's claim for service connection of his right leg injury residuals and has determined that new and material evidence has been submitted. The Board also finds that service connection is warranted as the Veteran's current peripheral vascular disease is at least as likely as not caused by his in-service combat-related injuries.

The Board has determined that the Veteran's entitlement to an effective date earlier than March 9, 2009 for the 30 percent evaluation is granted. The claim for a rating in excess of 30 percent for hiatal hernia and esophageal reflux with esophagitis is denied.

The Board denied the appellant's claim for legal entitlement to the one-time payment from the FVEC Fund due to a lack of qualifying service with the United States Armed Forces.

The Board denied the veteran's claim for a one-time payment from the FVEC due to lack of qualifying service as per VA regulations.

The RO denied the appellant's claim for a one-time payment from the FVEC fund due to lack of service as a member of the Philippine Commonwealth Army, including the recognized guerillas. The case is REMANDED for further action.

The Veteran's TDIU claim was granted effective August 6, 2010. The combined rating of his service-connected disabilities is now at 60 percent.