Other conditions decisions — 2012

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

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of qualifying service as per the requirements set by the American Recovery and Reinvestment Act.

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 Philippine Commonwealth Army, including recognized guerrillas, by the United States Armed Forces.

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

The Board 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 in the service of the United States Armed Forces.

The Veteran's TMJ and coccyx fracture have been granted initial disability ratings, with the TMJ receiving a maximum schedular rating of 40 percent. The coccyx fracture has also received an initial noncompensable evaluation.

The Veteran's gastritis and dyspepsia are found to be proximately due to treatment for his service-connected degenerative joint disease of the lumbar spine.

The Board has granted a waiver for the overpayment of $658.00 in disability benefits, finding that recovery would be against equity and good conscience.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative.

The Board has determined that the Veteran is entitled to a waiver of overpayment of disability compensation due to his status as a fugitive felon, and recovery would be against equity and good conscience.

The Board denied the appellant's claim for basic eligibility for VA death benefits because her deceased spouse did not have qualifying service in the Philippine Commonwealth Army, including recognized guerrillas, in the United States Armed Forces.

The Board denied the Veteran's claim for an initial rating higher than 50 percent for bilateral claw feet with tarsal tunnel syndrome on an extraschedular basis, finding that the schedular criteria adequately described his disability. The issue of service connection for a cervical spine disorder was also addressed and found to be denied.

The Veteran's appeal is being remanded due to the retirement of her hearing VLJ and the need for a new hearing before a current VLJ.

The Board denied the Veteran's claims for compensable disability ratings for residuals of a right mandible fracture and left mandibular condyle, finding no evidence of loss of masticatory function or range of motion.

The Board has remanded the case for further development, including scheduling a VA examination to determine if the Veteran's service-connected disabilities preclude him from obtaining and maintaining all forms of substantially gainful employment.

The Veteran's claim for a higher rating for her epidural fibrosis, status post hemilaminectomy, foraminotomy, and partial pediculectomy at L5 was granted, with the effective date set from August 25, 1993 to May 19, 2000.

The Board finds that there is no evidence of a chronic disability of the fingers or any other specific right arm condition distinct from those already service-connected (right shoulder, elbow, and wrist). The Veteran's symptoms are related to his established service-connected disabilities.

The Board found no evidence linking the Veteran's squamous cell carcinoma of the tongue to his service or exposure to herbicides, and thus denied the claim.

The Veteran's service-connected residuals of a fracture of the right condyle of the mandible have been rated as noncompensably disabling. The Board finds that these symptoms are no more than 'slight' in nature and do not meet the criteria for a compensable rating.

The Board finds that the Veteran's disability of both hands, manifested by pain, stiffness, and cold sensitivity, is related to his exposure to cold weather in service. The claim for peripheral neuropathy and peripheral vascular disease of upper and lower extremities is also granted as these conditions are found to be causally related to his exposure to cold weather.