Other conditions decisions — 2012

The Board has determined that the appellant is not a veteran under applicable United States law and therefore ineligible for compensation from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal is remanded due to the need for additional medical records, a determination on employability, and an opportunity for a third hearing before a Veterans Law Judge.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund as there is no recognized service that qualifies her for this benefit.

The Board denied the claim for a one-time payment from the FVEC Fund as there is no recognized service in the Philippine Commonwealth Army, including recognized guerrillas in the service of the United States Armed Forces.

The Board found that the Veteran's death was not caused by VA medical treatment, and thus denied his claim for DIC benefits under 38 U.S.C.A. § 1151.

The Veteran's unauthorized medical expenses incurred from March 31, 2009 to April 4, 2009 are granted as the emergency care provided at a non-VA facility was deemed necessary and feasible under VA regulations.

The Board has determined that further development is necessary before a decision on the merits of the claim seeking service connection for hammertoes of the right foot, to include as secondary to service-connected plantar warts of the right foot. The Veteran will be afforded a VA examination and any relevant records will be obtained.

The VA determined that the appellant did not have 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. Therefore, they denied his claim for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board denied the Veteran's claims for service connection for a heart disability and basal cell carcinoma, finding no evidence of exposure to herbicides or mustard gas during service that would warrant presumptive service connection.

The Veteran's appeal for reimbursement of medical expenses has been dismissed as the appellant requested withdrawal prior to a decision.

The Board found that the Veteran's right foot condition of toes 2 and 3 existed prior to service and was not aggravated by military service, thus denying his claim for service connection.

The Veteran's claim to reopen a service connection for muscle twitching, claimed as due to an undiagnosed illness, is being remanded for proper VCAA notice and further development.

The Veteran's claim for service connection for myasthenia gravis with respiratory failure was denied as there is no persuasive evidence linking the current disability to his active duty service.

The Board finds that the Veteran's right hip disorder, including strain and bursitis, is at least as likely as not incurred in service or caused by his service-connected lumbosacral spine disability. The claim for service connection is granted.

The Veteran's claim for an increased rating for his service-connected bilateral bunion formation with metatarsalgia of the distal first metatarsal heads was remanded by the Board. The case is now being returned to the RO for additional development, including a VA examination and consideration of extraschedular ratings.

The Board has determined that the Veteran's bilateral arm and hand disabilities are related to his service-connected cervical spine disorder, granting service connection for these conditions.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the impact of his service-connected intercostal neuralgia medications on his employability.

The Board has ordered additional development of the evidence to determine if service connection for residuals of exposure to toxins, including Wegener's granulomatosis, sensitivity to cold, and the loss of two fingertips can be granted.

The Board found that a vision disability was not incurred in or aggravated by service and is not etiologically related to service-connected right foot arthritis, including medication for that disorder.

The Board has remanded the case due to deficiencies in notice provided to the appellant and her representative, and for obtaining a VA Form 21-22 from the appellant's representative.