Other conditions decisions — 2012

The Board has reopened the Veteran's claim of service connection for a right ear condition and found that new and material evidence had been received. The underlying claim is now remanded to the AOJ for further adjudication.

The Board found that there was no direct evidence showing that the Veteran's malignant hepatocellular carcinoma, which caused his death, either began during or was otherwise caused by his military service. The appellant argued for presumptive service connection based on Agent Orange exposure, but this was not applicable as malignant hepatocellular carcinoma is not a disease covered under the presumption.

The Veteran's widow died in February 2009, and the appellant submitted a claim for accrued benefits on her behalf. However, due to insufficient information regarding the relationship between the Veteran and his widow, there were no accrued benefits available.

The Veteran's gastric and esophageal cancers are found to be due to herbicide exposure during his service in the Republic of Vietnam, and thus service connection is granted for these conditions under accrued benefits.

The Board denied the appellant's claim for one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Veteran's appeal for payment or reimbursement of unauthorized medical expenses has been dismissed due to his death.

The Board has remanded the case due to incomplete evidence and need for a VA examination. The Veteran's claim of service connection for a sinus disability is pending.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The non-service-connected pension claim remains pending.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund as she did not have service in the United States Armed Forces, including recognized guerrillas.

The Board found that nail fungus, left hand was not incurred in or aggravated by active service and denied the Veteran's claim for service connection.

The Veteran is seeking an increased evaluation for his service-connected bilateral defective hearing, with perforated eardrums and bilateral tympanoplasties. The RO must schedule the Veteran for a VA examination to determine the current severity of his service-connected condition.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied because the epidural spinal injection was performed at a private facility and VA does not have direct day-to-day supervisory control over that facility.

The Veteran's claim for an earlier effective date for the addition of his spouse as a dependent was denied because the earliest notice regarding this dependency occurred on February 14, 2011, which is when the effective date would be set.

The Veteran's service-connected residuals of a shell fragment wound to the right thigh result in subjective complaints of pain but do not meet the criteria for an initial rating greater than 40 percent. The scar associated with his service-connected residuals of a shell fragment wound to the right thigh is well-healed and does not cause limited motion or exceed 12 square inches.

The Veteran seeks service connection for chronic pain syndrome, but the evidence does not support this claim. The Board finds that the Veteran's chronic pain is related to his service-connected adjustment disorder with depressed mood and back disability.

The Board has granted a waiver of recovery of an overpayment of VA nonservice-connected pension payments in the amount of $14,499 due to fault on the part of VA and financial hardship.

The Board has remanded the case due to potential missing service treatment records and the need for a VA examination to determine if the Veteran has current residuals from an in-service injury.

The Veteran's bilateral patellofemoral syndrome has been rated at 10 percent for each knee, effective November 19, 2005.

The Board denied an increased rating for the Veteran's heart disability, finding that his condition did not warrant a higher rating prior to January 14, 2010. The claim for TDIU was withdrawn by the Veteran.

The Veteran seeks service connection for an eye disability, which he attributes to a head injury sustained during service. The case is being remanded due to the need for clarification of additional service treatment records and for an addendum VA examination.