Other conditions decisions — 2012

The appellant withdrew her appeal seeking an apportionment of the Veteran's VA compensation benefits on behalf of his child J.R. before the Board could make a decision.

The Board has determined that the appellant does 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 legal entitlement to one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's countable income exceeds the applicable maximum annual pension rates (MAPRs) for the time period in question, and therefore he is not entitled to nonservice-connected pension benefits.

The Veteran's death pension and accrued benefits claims are denied as there was no pending claim at the time of his death, and the appellant did not file a timely application for accrued benefits.

The Board has determined that the Veteran's current peptic ulcer disease is related to symptoms experienced during active service, and grants service connection for this condition.

The Board found no current residuals of the Veteran's service-connected pneumothorax and inguinal hernia, thus denying his claims for service connection.

The Veteran's claim for service connection for a chronic skin disorder, claimed as the result of herbicide exposure during his service in Thailand, is being remanded due to incomplete development and need for additional evidence.

The Board determined that the appellant was not recognized as the Veteran's surviving spouse for VA death benefits eligibility purposes due to a lack of evidence supporting a valid common law marriage.

The VA denied the appellant's claim for service connection for cardiomyopathy with congestive heart failure, concluding that there is no evidence of such condition during his active duty or within one year after separation. The examiner found no current evidence to support a link between the appellant's current heart condition and his military service.

The Veteran's request for a second extension of his Chapter 30 educational benefits beyond May 29, 2007 was denied. The Board found that the Veteran had not been prevented from initiating or completing an educational program due to a physical or mental disability during the relevant period.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and providing a VA medical opinion to clarify the nature and etiology of his claimed respiratory disorder (other than chronic cough with rhinitis), to include obstructive sleep apnea. The AOJ will also consider whether service connection is warranted on a direct basis as well as secondary to service-connected chronic cough and rhinitis.

The Veteran's mental disorder is currently rated at 30 percent, and the evidence does not support a higher rating based on his symptoms.

The Veteran's right hand injuries sustained in a jeep accident during service are considered related to his active duty.,There is no evidence of current left hand disability or its relation to service.

The Veteran's appeal is remanded for additional development, including obtaining a medical opinion regarding the relationship between his current right shoulder disability and service-connected residuals of a shell fragment wound to the right shoulder involving Muscle Group I.

The Board has reopened the claim of entitlement to service connection for metastatic cancer of the neck and head with an unknown primary site. The case is remanded for additional development as requested.

The Veteran's appeal is remanded due to the need for a hearing before a Board member at the RO.

The Veteran's right leg mononeuropathy and septic infection were common complications of surgery, not due to VA negligence or lack of proper skill.

The Veteran's appeal for special monthly pension was dismissed as the matter has been fully granted and there are no allegations of errors of fact or law remaining to be considered.

The Board has remanded the issue of service connection for a skin disability as due to herbicide exposure, specifically Agent Orange exposure. The Veteran's request for a hearing before the Board is pending.

The Board determined that recovery of the overpayment was not against equity and good conscience, upholding the Committee's decision.