Other conditions decisions — 2012

The Board found that the appellant did not meet the criteria for compensation under 38 U.S.C.A. § 1151 as his condition was not caused by VA's carelessness, negligence, or similar instance of fault.

The Veteran's claim for additional educational assistance benefits under the Post-9/11 GI Bill Program was denied as he has exceeded the maximum aggregate period of 48 months allowed by law.

The Veteran's service-connected CAD has been rated at 30 percent since April 2011, and a higher rating of 60 percent is granted effective June 9, 2011. The effective date for this grant remains pending as it was not specified in the decision.

The Veteran seeks service connection for squamous intra-epithelial lesions. The Board has requested a new VA opinion to determine if the Veteran's preexisting condition was aggravated by service.

The Veteran's claim for an increased evaluation for residuals of left foot metatarsal bone fractures is denied as the evidence does not support a finding of moderately severe disability warranting a higher rating.

The Veteran's duodenal ulcer was evaluated at 10 percent from May 20, 1988 to October 3, 1989 and denied an increased evaluation.,From October 4, 1989, the Veteran's duodenal ulcer was evaluated at 20 percent and denied an increased evaluation.

The Veteran's appeal is remanded for further development, including a neurological examination to determine if there are any neurological impairments of the left index finger. The claim will be readjudicated after this additional development.

The Board granted service connection for narcolepsy effective from May 7, 1998, based on new evidence submitted after the initial denial in March 1974.

The Veteran's death was not caused by, or substantially or materially contributed to by, a disability incurred in or aggravated by his active duty service. The criteria for entitlement to Dependents' Educational Assistance allowance have also not been met.

The Board has granted service connection for narcolepsy, finding that the Veteran's symptoms are as likely as not related to his military service. The issue of an initial rating in excess of 40 percent for residuals of a cold injury, to include Raynaud's Phenomenon, is remanded for further development.

The RO has granted nonservice-connected pension benefits for the period starting on January 1, 2008, to the present. The appellant's income was found not to be excessive and he could receive VA nonservice-connected pension benefits.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining relevant medical records.

The Board has determined that the Veteran's injury to his right gastrocnemius muscle during ACDUTRA in June 2002 resulted in residuals, and service connection is granted.

The Veteran's appeal for automobile and adaptive equipment or adaptive equipment was denied due to untimely filing of the substantive appeal.

The Board has reopened the Veteran's claim for service connection for left lower extremity reflex sympathetic dystrophy and dismissed her appeal regarding an earlier effective date for pes planus. The case is remanded to obtain additional VA treatment records, authorize private medical records from relevant providers, and request a clarifying opinion from the 2008/2009 VA examiner.

The Board determined that the appellant did not have qualifying service to be eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board denied the veteran's claim for one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of qualifying service.

The Veteran's overpayment of VA disability benefits was created due to receiving active duty military pay while also receiving VA compensation. The Board found that the fault for this overpayment rested primarily with VA, and granted a waiver of recovery.

The VA examiner determined that the Veteran does not have a disability of the left hip, and thus service connection for a left hip disorder is denied.

The Board denied the claim for recognition of the Veteran's daughter as a 'child' based on permanent incapacity for self-support prior to attaining the age of 18 in January 2006. New evidence received since then does not relate to an unestablished fact necessary to substantiate this claim.