Other conditions decisions — 2012

The Board has remanded the cause-of-death claim due to inadequate medical opinions and missing volumes of the claims file. The Appellant's attorney requested additional development, including obtaining a new VA physician opinion that discusses the underlying rationale for the causation of death.

The Veteran's claim for an effective date of January 31, 1969 for service connection and a 20 percent rating for traumatic chest wall injury with retained bullet in the right lung is granted. The issue of CUE in the March 1969 rating decision is dismissed as the appeal has been fully resolved.

The Veteran's appeal for an increased rating for his service-connected psychophysiological musculoskeletal reaction, to include tremors of the neck and head, has been dismissed as he is satisfied with the partial grant of benefits.

The Board determined that VA properly terminated the appellant's DIC benefits under 38 U.S.C.A. § 1151, finding that the care provided by Delmar Gardens on the Green was not covered under the provisions of 38 U.S.C.A. § 1151.

The Veteran's service-connected residuals of Bell's Palsy have been manifested by mild weakness of the left facial muscles and occasional swelling, but findings of severe incomplete paralysis are not demonstrated. The Board finds that an initial disability rating in excess of 10 percent is not warranted.

The Veteran's right 2nd hammertoe disability is entitled to a temporary total rating based on the need for convalescence following December 21, 2007 surgery until April 30, 2008.

The Veteran incurred an overpayment of VA benefits due to receiving additional compensation for a dependent spouse (I.) from September 2001 to April 2004, when he was not legally married to her. The Board found that recovery would create undue financial hardship and granted a waiver for the portion of the debt related to this period.

The Veteran's appeal is remanded due to procedural issues and the need for additional financial information. The appellant seeks an apportionment of the Veteran's compensation benefits on behalf of their minor child, E. A.

The Veteran's claim for service connection for a liver disability, including as due to anthrax vaccine, is being remanded for additional development.

The Veteran's claim for service connection for a skin disorder is being remanded due to the misfiled service treatment records and an inadequate VA examination. The case will be readjudicated after obtaining updated medical records, arranging for a new VA examination, and considering all evidence.

The Veteran is seeking service connection for right heel and tendon damage. The Board has determined that additional development, including obtaining medical records and a VA examination, is necessary before the claim can be decided.

The Veteran's claim for an initial compensable evaluation for residuals of a fracture of the left scapula is being remanded due to the need for additional development, including obtaining medical records and arranging for a VA examination.

The Board found that the Veteran's cardiopulmonary arrest, acute gastroenterocolitis, and pneumonia were not related to service. The cause of death was therefore not incurred in or aggravated by service.

The Board has determined that the Veteran's upper airway resistance syndrome, which is equivalent to sleep apnea, was incurred in service and granted service connection for a sleep disorder.

The Veteran's claims for service connection are being remanded due to the need for additional medical examination and records review.

The Board has determined that further efforts are needed to verify the service member's prior Army service from April 5, 1948 to March 18, 1950. The case is being remanded for this purpose.

The Veteran's syncope is being remanded for further development, including providing proper notice regarding the secondary service connection aspect of his claim.

The Board has determined that the appellant does not meet the criteria for veteran status and therefore is ineligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The VA determined that the cause of the Veteran's death (cardiopulmonary arrest, hypoxia, pulmonary insufficiency, and head and neck cancer) was not caused or contributed to by his service-connected hepatitis C.

The Board has remanded the case due to incomplete information regarding the appellant's income and medical expenses, as well as issues related to missing claims files. The DIC claim is also pending further action.