Other conditions decisions — 2012

The Veteran's claims for service connection for residuals of heat exposure and cold injury residuals of the hands, feet, toes, and joints have been denied. The Board found that there is no current diagnosis of these conditions.

The Board denied the claim for service connection for the cause of death, finding that there was no evidence linking the Veteran's glioblastoma multiforme to his service or exposure to Agent Orange. The Board concluded that the long period between service and diagnosis made it unlikely that the condition was related to service.

The Board has determined that the Veteran does not currently have a diagnosed ear disorder and thus, service connection for an ear disorder is denied.

The Board has determined that additional evidence is needed to determine if the appellant's character of discharge constitutes a bar to VA benefits under Chapter 38 of the US Code. The case is REMANDED for the following actions: obtaining all service treatment records, including a March 1969 neuropsychiatric evaluation; and reviewing the evidence to determine whether the appellant's character of discharge constitutes a bar to receipt of VA benefits.

The Veteran's right shoulder condition is rated at 10 percent, and his claim for OSA was denied as it did not have its clinical onset in service or otherwise relate to active duty.

The Board has determined that the Veteran's arthritis of the right and left hands is service-connected, as it was shown to have manifested within one year following her separation from active duty.

The Veteran's appeal for TDIU was dismissed due to the death of the appellant.

The Board has determined that there is no evidence of a state garnishment order or any other state order to garnish the Veteran's disability compensation on behalf of the appellant. Therefore, the requirement for garnishment of the Veteran's VA disability compensation benefits cannot be met.

The Veteran's claim for service connection for right round hole of retina without detachment was denied as there is no current evidence of such condition. The claims for higher ratings for lumbar spine, ankle, and thumb disabilities remain under consideration.

The Veteran's claim for service connection for pleural plaques and pleural fibrosis, claimed as breathing problems due to asbestos is remanded for further development including obtaining private treatment records from a pulmonologist.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Veteran's lung disorder and skin disorder are not service-connected due to lack of evidence linking them to his active duty. The kidney disorder is also not service-connected as there was no in-service injury or disease, nor continuous symptoms since separation.

The Board found that the reduction of the Veteran's disability rating from 20 percent to 10 percent for spondylosis at L5-S1 with referred pain to lower extremities was not proper.

The Board found no current diagnosed jaw disability and thus denied the Veteran's claim for service connection.

The Board has determined that the appellant's character of discharge from active military service is a bar to receiving VA benefits, including those not related to health care under Chapter 17.

The Veteran died before the enactment of the American Recovery and Reinvestment Act, which provides for a one-time payment from the Filipino Veterans Equity Compensation Fund. As his death preceded the act's enactment, he is not eligible for this benefit.

The Board has remanded the case for scheduling a hearing before a Veterans Law Judge at the RO. The appellant's request for service connection for cause of death is pending.

The Board has dismissed the appeal due to the appellant's death.

The Board has determined that the appellant does not meet the legal requirements for obtaining a one-time payment from the FVEC Fund and thus denied his claim.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Trigg County Hospital in Cadiz, Kentucky, from February 12, 2009, to February 14, 2009 is being remanded due to the need for additional evidence regarding prior authorization and out-of-pocket expenses.