Other conditions decisions — 2012

The Veteran is seeking an earlier effective date for service connection of thalassemia minor, which was initially denied in a rating decision from December 1968. The Board has reopened the claim and granted service connection based on new evidence submitted by the Veteran. However, he argues that there was clear and unmistakable error in the original denial and wants an earlier effective date.

The appellant's service is not recognized by the Department of Veterans Affairs, and therefore he does not meet the criteria for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board found that the Veteran's death was not caused by a service-connected disability and denied both DIC under 38 U.S.C.A. § 1310 and benefits for the cause of death due to VA treatment under 38 U.S.C.A. § 1151.

The Veteran's representative withdrew his appeal for special monthly compensation based on the need for regular aid and attendance of another person or at the housebound rate.

The Board found the appellant's statements regarding his military service to be lacking credibility and did not meet the threshold service eligibility requirements for VA pension benefits.

The Board found that the Veteran's bilateral hand disorder, including as due to undiagnosed illness, was not incurred in or aggravated by active service and denied the claim.

The Veteran's spouse is seeking reimbursement for medical expenses incurred at a private facility due to the Veteran's cancer treatment. The claim was denied because VA had no available beds and Medicare coverage was present, but further records are needed to determine if these criteria were met.

The Veteran's claim for service connection for fatigue, dizziness, sleeplessness, loss of appetite, and joint pain was denied as there is no competent medical evidence that he currently has a disability manifested by these symptoms. The claim for an increased rating for chronic lower back strain was also denied.

The Board has remanded the Veteran's claims for increased rating and TDIU due to conflicting medical evidence regarding neurological impairment stemming from his service-connected low back disability. Further development is needed, including VA examinations and consideration of extraschedular ratings.

The Board granted service connection for spondylolisthesis at L5-S1 and spina bifida occulta, finding that the evidence supported a direct relationship to active service.

The Veteran's claim for service connection for a disorder of the right eye, including pseudotumor cerebri and pseudopapilledema with residuals of intermittent blurred vision and headaches, is granted. The issue of entitlement to a rating in excess of 50 percent for sleep apnea has been withdrawn.

The Board has granted the Veteran's claims for service connection for peripheral vascular disease of the lower extremities and arthritis, as these conditions are found to be related to his exposure to cold weather injury in Korea during active service.

The Board denied increased evaluations for the Veteran's upper back strain and right radius fracture, finding that a rating in excess of 40 percent is not warranted.

The Board has determined that the Veteran's eye disability, encompassing keratoconus, corneal transplants, and loss of eyesight, is service-connected.

The Board has remanded the Veteran's claims for additional development due to the need for examinations and opinions regarding her gynecological and right hip/leg disabilities.

The Board denied the appellant's claim for nonservice-connected death pension because her annual countable income exceeded the established limits.

The Veteran's left thumb fracture residuals, including arthritis and decreased grip ability, are rated at 10 percent. The claim for a higher rating is granted.

The Veteran withdrew his appeal of the March 2008 claim for SMP based on the need for regular aid and attendance of another person, and a new claim was filed. The RO granted the Veteran's claim in September 2011 with an effective date of June 27, 2011. As the Veteran did not contest the decision or appeal it further, his appeal is dismissed.

The Board has reopened the Veteran's claim of service connection for fibrocystic disease of the left breast and granted service connection.,Service connection was also granted for fibrocystic disease of the right breast.

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.