Other conditions decisions — 2012

The Veteran died from carcinoma of the lung, a disability for which service connection had not been established. The claim for burial benefits was denied as he did not meet the criteria for VA burial benefits or plot and interment allowance.

The Veteran's claudication of the right and left legs is due to peripheral vascular disease, which was caused by his service-connected diabetes mellitus.,Service connection for disability due to in-service herbicide exposure (peripheral neuropathy) is granted.

The Veteran's service connection claim for calluses on the bottoms of his feet is granted as they are considered to be a direct result of his active duty service.

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 Veteran's service-connected Morton's neuroma of the left foot is manifested by intermittent pain that is exacerbated by standing or walking, and a stable scar. The disability meets the criteria for a 10 percent rating under DC 8525.

The Veteran's service-connected residuals of a right hand laceration have resulted in a scar that is painful, but not unstable and does not cover an area greater than six square inches. Therefore, the disability warrants a 10 percent rating.

The Board found that the overpayment of $2,291.00 was properly created and is a valid indebtedness. The issue regarding whether the Veteran's son should have been removed from his disability compensation award due to receipt of Chapter 35 Dependents' Educational Assistance benefits remains unresolved.

The RO denied the Veteran's claim for service connection for lung disease (previously characterized as a respiratory condition) in November 1999. The evidence submitted since then does not relate to an unestablished fact necessary to substantiate the claim.

The Board found that the Veteran's spine tumor did not have its onset in service and is not related to his military service, thus denying service connection.

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 required by law.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including in recognized guerrillas, to establish eligibility for benefits 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 qualifying service in the Philippine Commonwealth Army, including recognized guerrillas.

The Board has determined that the appellant is not eligible for DIC benefits as she does not meet the requirements to be recognized as the surviving spouse of the Veteran.

The Veteran's unauthorized dental expenses incurred from March 30, 2010 were not authorized by VA and the services provided did not meet the criteria for emergency treatment as defined in VA regulations.

The Board has determined that the initial grant of service connection for ALS was clearly and unmistakably erroneous due to the Veteran not having active, continuous service of 90 days or more. As a result, service connection for ALS was severed effective August 1, 2010.

The Board has 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 appellant did not have any 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 Veteran's claims for non-service-connected pension and improved pension are denied as he does not meet the basic wartime service requirements.

The Board denied the Appellant's claim for one-time payment from the Filipino Veterans Equity Compensation Fund due to a certification by the service department that the Appellant's spouse did not have the requisite service to qualify.

The Board denied the Veteran's claims for service connection for shortening of the right leg and TDIU, as well as his claims for increased ratings and earlier effective dates.

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.