Other conditions decisions — 2012

The Veteran's lung disease, residuals of multiple CVA, and brain tumor were not found to be related to service or a service-connected disability.,Service connection was denied for these conditions.

The Veteran's fracture of the left foot is rated at 20 percent, while his associated neuralgia is not considered for a higher rating.

The Veteran's claim for basic eligibility for educational assistance pursuant to Chapter 30, Title 38, United States Code is denied as he did not meet the required service criteria.

The Board denied service connection for dizziness and memory loss, finding no evidence of these conditions related to service or secondary to any service-connected disability. The Veteran's claims were based on presumed exposure to herbicides in Vietnam, but the diseases claimed are not associated with such exposure.

The Board found that the Veteran's postoperative residuals of right elbow epicondylitis and left elbow epicondylitis are not caused by or aggravated by his service-connected disability, specifically the residuals of a laceration of the left thumb. As such, these claims for service connection were denied.

The Veteran's service-connected left eye injury is currently rated at 10 percent, the maximum schedular rating available under current VA regulations. The Board finds that his claim for an increased disability rating has not been met.

The Board has ordered additional development to determine if the appellant had service that qualifies him for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The evidence does not support a finding that the Veteran's residuals of a fractured jaw are related to his active military service.

The Veteran's service-connected cardiovascular disability secondary to residuals of inoculations resulted in an ejection fraction between 30 and 50 percent for the period between October 29, 2002, and July 30, 2003. He is now rated at 60% for this period.

The Veteran's appeal is being remanded due to his failure to appear at a scheduled hearing. A new videoconference hearing will be scheduled for the Veteran.

The Board has reopened the Veteran's claim of service connection for a gastrointestinal disability due to new and material evidence, including her postservice treatment records. The case is remanded for further examination and opinion regarding the nature and etiology of any diagnosed gastrointestinal disability.

The Veteran and his spouse are not considered estranged, and an apportionment of the Veteran's non-service connected pension benefits would impose undue hardship on interested parties with no actual benefit flowing to the appellant.

The Veteran's teeth were missing at the time of discharge from active duty service. He does not have a current dental disorder that is service-connected for compensation purposes, and his service-connected disabilities are not rated as totally disabling. Therefore, he cannot be granted service connection for a dental condition.

The Board granted an initial 10 percent disability rating for genital herpes, effective from the date of claim (February 9, 2005). The ratings for eczema and bursitis of the right shoulder are pending further development.

The Veteran's quadriplegia was not caused by VA carelessness, negligence, or lack of proper skill. The event that led to her paralysis (acute cord compression at T2 and T3 with a fracture at T1) is considered an unforeseeable event.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to assess the Veteran's cervical spine disability and its impact on his employment. The case will be reviewed again by the RO with consideration of an extraschedular evaluation and a total disability rating based upon individual unemployability.

The Veteran's appeal has been dismissed as the RO granted TDIU benefits during the remand period.

The Board has ordered a remand to obtain additional evidence, including medical records and an examination, to determine if the Veteran's service-connected disabilities require regular aid and attendance.

The Board found that the Veteran's request for waiver of overpayment was not timely filed, as it came in 2006, two plus years after notification and outside the 180-day period allotted. The claim is denied.

The Veteran's duodenal ulcer was granted a 10% disability rating effective August 22, 2007.