Other conditions decisions — 2012

The Veteran's claim for an increased rating for fibroids and menometrorrhagia, status post uterine ablation with urinary frequency from May 21, 2010 was granted by the Board. The effective date of this grant is set as May 21, 2010.

The Veteran's right elbow disorder is currently rated at 10 percent disabling based on limitation of motion. The Board denied a rating in excess of 10 percent.

The Veteran's service connection claims for a neurological disorder and a neuropsychological disorder are granted, with the disorders presumed to be due to undiagnosed illnesses related to his Gulf War service.

The Veteran's additional cardiac disability, including congestive heart failure and regurgitation of the tricuspid and mitral valves, is not considered to be service-connected due to a lack of fault on the part of VA.

The Board finds that the Veteran's atypical chest pain is likely related to her period of active duty for training (ACDUTRA) in August 1999, and grants service connection on a direct basis.

The Board has denied the Veteran's claims for service connection for residuals of a burn to the right arm, residuals of malaria with yellow jaundice, and residuals of a ruptured ear drum. The preponderance of evidence is against these claims.

The Board found that the Veteran's loss of teeth was not due to service-connected dental trauma, but rather due to periodontal disease. As a result, the claim for service connection for compensation purposes was denied.

The Veteran's additional eye impairment is not deemed to be caused by VA medical care, and thus she does not meet the criteria for 38 U.S.C.A. § 1151 benefits.

The Board has determined that the Appellant does not have recognized active military service as required to establish eligibility for Filipino Veterans Equity Compensation Fund benefits, and therefore denied his claim.

The Board found that the cause of death was not related to any injury or disease incurred in service, as the Veteran's drug use and subsequent death were due to his own actions.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining a one-time payment from the FVEC Fund, and therefore denies the claim.

The Veteran's claims for service connection for swollen joints and leg cramps were denied as there is no current disability manifested by these conditions. The Board found that the evidence did not support a finding of a current disability.

The Board has determined that the appellant does not qualify as a surviving spouse of the Veteran due to lack of continuous cohabitation since marriage, and thus denied her claim for death benefits.

The Veteran's claim for service connection for essential tremors of each upper extremity is being remanded due to incomplete records and the need for further examination.

The Board vacated its October 29, 2010 decision and remanded the issues of entitlement to an evaluation in excess of 10 percent for residuals of a right tibia and fibula fracture with scar and slight shortening of the leg, and service connection for residuals of a head trauma. The Veteran's request for a hearing was not associated with the file at the time of the October 29, 2010 decision.

The Veteran's unauthorized medical expenses incurred at the Canton-Potsdam Hospital from April 26 to April 27, 2009 are now covered by VA as his condition was a continued medical emergency and no other facility was feasibly available.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has remanded the case for further development, including obtaining an opinion regarding whether the Veteran's cause of death is related to his military service and exposure to herbicides.

The appellant is not entitled to improved death pension benefits due to overpayment and income exceeding the maximum annual pension rate.

The Board has determined that the Veteran's residuals of right index finger injury can be reasonably disassociated from his military service and is granted as a result.