Other conditions decisions — 2012

The Veteran's service records show he had a chipped front tooth (#8) during service, which was repaired. The Board finds no current disability and denies the claim for service connection.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for disorders of the spine, neck, feet, arms, hands, and legs. The appeal is granted.

The Veteran's claim for an increased evaluation for her service-connected bilateral breast fibroadenoma is being remanded due to the need to obtain additional medical records and information regarding her treatment.

The Board has determined that new and material evidence has been received to reopen the issue of whether the appellant's discharge from service constitutes a bar to VA compensation benefits. The Board concludes that the appellant's behavior in service does not constitute willful and persistent misconduct, thus his discharge does not constitute a bar to VA compensation benefits.

The Board has remanded the case for a VA medical opinion to determine if the Veteran's service-connected residuals of a fracture of the left great toe with chronic osteomyelitis contributed substantially or materially to his death, combined to cause death, and aided in its production.

The Veteran is granted service connection for dental trauma for outpatient treatment purposes, but denied service connection for compensation purposes due to lack of loss of substance of the body of the maxilla or mandible.

The Board has determined that the appellant's suboccipital encephalocele with Chiari II malformation represents a form or manifestation of spina bifida, which qualifies him for benefits under Chapter 18 of the United States Code.

The Board denied the Veteran's claim for service connection for a prostate disability, finding no credible evidence to support his contention that he incurred such a disability during active service or as a result of exposure to herbicides. The Board also found insufficient evidence to link his current benign prostatic hypertrophy (BPH) to his military service.

The Board found that the Veteran did not have active service in Vietnam and was not exposed to herbicides. Waldenstrom's macroglobulinemia was not shown to be related to service, including exposure to asbestos or herbicides.

The Board found that the Veteran did not sustain an injury or disease related to oral herpes during service and there is no evidence of continuous symptoms since service separation. The current diagnosis of oral herpes was first noted in 2006, over 25 years after service.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to 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 effective date for the election to receive educational benefits under the Post-9/11 GI Bill in lieu of benefits under the Montgomery GI Bill is granted from August 31, 2009.

The Veteran's income exceeded the maximum annual pension rate, thus he is not entitled to VA pension benefits.

The Veteran's claim for an annual clothing allowance is being remanded due to the need to address a pending service connection petition and provide proper notice.

The Board has remanded the case for further development and readjudication, including obtaining additional medical records and employment information. The Veteran's claim for an increased rating for her service-connected dysthymia is now before the agency of original jurisdiction.

The Veteran's claim for an earlier effective date of TDIU was denied as there is no evidence that he met the criteria for a TDIU prior to November 23, 2004.

The Veteran's overpayment of VA nonservice-connected pension benefits is denied as there was no bad faith, fraud or misrepresentation by the Veteran. However, collection would not be against equity and good conscience due to the Veteran's current financial situation.

The Board denied service connection for a skin disability, finding no positive association between herbicide exposure and the development of any condition warranting presumptive service connection. The Veteran's claim was based on direct causation.

The Veteran's appeal was denied as the Board found that an initial rating in excess of 20 percent for L5 spondylosis from October 3, 2000 is not warranted.

The Board has determined that there is no current diagnosis of a disability manifested by right lower chest pain and the Veteran's gallbladder symptoms are not related to her military service.