Other conditions decisions — 2012

The Veteran's service-connected bilateral shin splints are currently rated as noncompensable (10%) and her irritable bowel syndrome is also rated as noncompensable. The Board finds that the evidence does not support an evaluation in excess of 10 percent for either condition.

The Board found that the Appellant's income exceeded the maximum allowable pension rate for a surviving spouse with no dependents, leading to termination of her VA death pension benefits effective September 1, 2005.

The Veteran's claim for service connection for dyslipidema was withdrawn. The Board did not address the issue of service connection for reticular myelofibrosis and/or thrombocytosis as it is considered a mixed decision (some issues granted, some denied). Service connection for hypertension was granted but no compensable rating was assigned.

The Board has determined that new and material evidence has been received to reopen the previously denied claim of entitlement to service connection for arthritis of multiple joints. The Veteran's current diagnosis of arthritis in the hip supports this finding.

The Veteran's initial rating for phlebitis and thrombophlebitis of the left lower extremity was granted at a 10 percent disability rating from December 28, 2008 through May 31, 2009. Service connection for insomnia was denied.

The Board has determined that there is no current diagnosis of Acute Gastroenteritis (AGE) and the Veteran's symptoms are more likely related to Irritable Bowel Syndrome (IBS), which is not service-connected.

The Board has reopened the Veteran's claim for service connection for a low back disability and finds that it is warranted. The Veteran's currently diagnosed degenerative back disease and herniated discs are found to be related to his in-service injury, resolving all doubts in favor of the Veteran.

The Board denied the claim as there is no legal entitlement to benefits for birth defects of the Veteran's child, to include spina bifida, claimed as due to the Veteran's herbicide exposure.

The Board found that the Veteran's colorectal cancer did not have its onset during active military service and is not otherwise proximately due to, or aggravated by a service-connected disability.

The Veteran's claim for basic eligibility to receive Chapter 33 education benefits (Post-9/11 GI Bill) is denied because she did not serve a minimum of 90 aggregate days or meet the other requirements for eligibility, including having been discharged due to a service-connected disability.

The Veteran's claim for educational assistance benefits under the Montgomery GI Bill is denied as he did not serve at least three years of continuous active duty.

The Veteran's claim for an earlier effective date for additional compensation for dependent child 'M.' based on school attendance was denied as the claim was not filed within one year of her 18th birthday.

The Veteran's service connection for Vincent's stomatitis was restored in a July 2011 rating decision, rendering the current appeal moot.

The appellant's service was not verified by the National Personnel Records Center, and she did not have the requisite military service to qualify for payment from the Filipino Veterans Equity Compensation Fund.

The appeal has been withdrawn by the appellant before a decision was made.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Appellant's claim for Post-9/11 GI Bill education benefits. The appeal is REMANDED to the RO via the Appeals Management Center (AMC) in Washington, DC.

The Board finds that the Veteran did not make an irrevocable election for benefits under the Post-9/11 GI Bill program in lieu of benefits under the MGIB, and grants the appeal.

The Board found that the Veteran's skin disability, specifically cellulitis of the bilateral arms and legs, warranted a rating of 10 percent based on less than 5% of the entire body or exposed areas affected. The Veteran did not meet the criteria for a higher evaluation as his condition did not warrant more than 20 to 40% of the entire body or exposed areas affected.

The Veteran's death certificate shows he died in November 1988, which is 20 years before the law was enacted. Therefore, he could not have filed a claim for compensation from the Filipino Veterans Equity Compensation Fund, and as such, the appellant is not eligible to receive any payments on his behalf.

The Board found that the appellant did 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 compensation from the Filipino Veterans Equity Compensation Fund.