Other conditions decisions — 2012

The Veteran's appeal is being remanded to obtain additional medical records and a clarification of the SSA benefits determination. The issues of service connection for schizophrenia, depression with psychotic features, and compensation under 38 U.S.C.A. � 1151 are also inextricably intertwined and will be deferred until further development.

The service department certified that the appellant had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is not eligible for VA benefits.

The Veteran's appeal for a total rating due to individual unemployability (TDIU) has been fully granted by the RO in January 2010, effective October 17, 2007. As such, there is no longer an issue in controversy.

The Board has granted the Veteran's claim for service connection for an adjustment disorder, finding that there is a nexus between his in-service combat experience and his current diagnosis of adjustment disorder.

The Veteran's service-connected degenerative arthropathy of the right second metatarsal phalangeal joint is currently rated at 20 percent, which is the maximum schedular rating available. The Board finds that a higher rating is not warranted as his disability does not meet or approximate the criteria for a 30 percent evaluation under DC 5283.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service, as determined by the National Personnel Records Center (NPRC). The appellant did not have the requisite service in the Commonwealth Army of the Philippines, including recognized guerrillas, in the service of the United States Armed Forces.

The Board has determined that the appellant's claim for accrued benefits is denied as there is no evidence that VA is currently holding funds in trust for her.

The Veteran's digestive disorder and bilateral hearing loss were not granted service connection, with the issues being denied. The Veteran was previously granted a higher initial rating for his hearing loss prior to May 19, 2009.

The Veteran's claim for service connection for a left upper quadrant abdominal disorder, including as due to an undiagnosed illness and secondary to her service-connected cervical, bilateral shoulder, and thoracic spine disorders, is being remanded for further development.

The Board has determined that the Veteran is reasonably discharging his responsibility for supporting their child, and thus denies the apportionment of the Veteran's disability compensation benefits to the appellant.

The Veteran's service-connected pes cavus of the left foot and right foot, with neuroma and hallux valgus, have been rated at 10 percent each since February 25, 2004. The Board finds that these ratings are not adequate to reflect the severity of the Veteran's symptoms.

The Veteran's claim of entitlement to special monthly compensation based on a need for aid and attendance was denied as he failed to report for the scheduled VA examination without good cause.

The Board has determined that the Veteran's current respiratory disorder is not related to his in-service asbestos exposure or any other incident of service, and therefore denied the claim for service connection.

The Veteran's claim for an increased rating for post-operative varicose veins of the left leg was denied, and his claim for service connection for a left knee disorder as secondary to service-connected left leg varicose veins is pending.

The Veteran's claim for an increased evaluation of his service-connected right tibia and fibula injury with osteomyelitis is being remanded due to the need for a new examination, as there are indications of worsening of the disability.

The Veteran's claim for nonservice-connected pension benefits was denied as he did not meet the threshold service eligibility requirements due to his active duty service not occurring during a period of war.

The Board has determined that the Veteran sustained a right corneal scar in service due to combat, but this injury did not result in significant visual impairment. The claim is granted as direct service connection can be established.

The Veteran's appeal is remanded for additional development, including obtaining VA and SSA records, arranging for a VA examination, and adjudicating the claims.

The Board denied service connection for myasthenia gravis, finding that the condition was not present during service or within a year of separation and is not related to herbicide exposure. The Veteran's current diagnosis of myasthenia gravis was first noted in 2004, over 37 years after his military service ended.

The Veteran's appeal is remanded for additional development, including obtaining deck logs and flight logs from the U.S.S. America, and for an examination to address his subjective complaints of cramping related to his service-connected scars.