Other conditions decisions — 2012

The Veteran's claim for special monthly compensation based on aid and attendance is being remanded due to the need for a VA examination to determine if his service-connected schizoaffective disorder renders him in need of regular aid and assistance.

The Board determined that the appellant did not have qualifying service with the United States Armed Forces, and therefore does not meet the criteria for legal entitlement to the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has determined that the appellant did not have recognized service in the U.S. Armed Forces and therefore is not eligible for a one-time payment from the FVEC Fund.

The Board has remanded the nerve condition claim for further development and initial adjudication. The Veteran's nerve problems are related to his in-service service, but not specifically Agent Orange exposure.

The Board has remanded the case for further development and consideration, including scheduling a hearing before the Board and obtaining additional medical opinions.

The Board found that the Veteran's disabilities of the feet did not manifest during active service and were not caused or aggravated by an in-service disease, injury, or event. Therefore, service connection for these conditions was denied.

The Veteran's claim for additional educational assistance under the Post-9/11 GI Bill is denied as he had nine days of Chapter 30 benefits remaining, limiting his entitlement to one month (or partial month) of entitlement under chapter 33 for each month (or partial month) of unused entitlement under chapter 30.

The Board has determined that the appellant was not married to the Veteran continuously until his death, and their separation in 1963 was due to the misconduct of the Veteran without fault on her part. Therefore, she is not eligible for recognition as the surviving spouse for VA death benefits.

The Board has determined that the Veteran's lipomas were not incurred in or aggravated by service, and therefore denied his claim for service connection.

The Veteran's mastoiditis of the right ear is not manifested by suppuration or aural polyps, and his symptoms of benign positional paroxysmal vertigo are not related to his mastoiditis. Therefore, he does not meet the criteria for an initial compensable rating.

The Board has denied the Veteran's claim for additional educational assistance under the Post-9/11 GI Bill, finding that her election to switch from Montgomery GI Bill (MGIB) benefits to Post-9/11 GI Bill benefits was irrevocable and she is not eligible for an extension beyond 4 months and 28 days.

The Board has determined that the appellant does not meet the basic eligibility requirements for a one-time payment from the FVEC fund due to lack of qualified service, and thus denied the claim.

The Board has determined that the Veteran's current neck and back disabilities are not related to his active duty service, nor can they be presumed to have been incurred therein. The evidence does not support a finding of service connection for these conditions.

The Veteran's appeal is remanded for further development, including a VA examination to assess his ability to obtain and maintain substantially gainful employment due to his service-connected disability.

The Veteran's appeal is being remanded to obtain additional VA treatment records and for a comprehensive VA examination to address the muscle impairment associated with his service-connected right femur disability. The claims for secondary service connection for back, feet, and heel spurs are also pending.

The Board has determined that the appellant cannot be recognized as A.D.B.'s surviving spouse for purposes of establishing eligibility for death pension due to their divorce, and thus her claim is denied.

The Board has determined that the reduction of the appellant's disability rating for rheumatic fever residuals from 60 to 10 percent was not warranted, and has restored the original 60 percent rating.

The Veteran's claim for increased ratings for his service-connected right Achilles' tendonitis remains in controversy as the staged ratings before and from January 19, 2010 remain less than the maximum available benefit awardable. The case is REMANDED to obtain updated VA treatment records and an examination.

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 denied the appellant's claim for an earlier effective date for DIC benefits, finding that the earliest date of receipt of her claim was May 8, 2009.