Other conditions decisions — 2012

The Veteran's appeal for an earlier effective date for additional compensation payable for dependents was denied as the earliest possible effective date is January 1, 2009.

The Veteran's service-connected residuals of a bilateral mandible fracture are rated at 10 percent, but no higher, due to moderate functional impairment resulting from pain during flare-ups.

The Veteran's mood disorder has been rated at 50 percent since March 18, 2009. The Board finds that the evidence supports a higher rating of 50 percent.

The Veteran's paraplegia and lower extremity contractures, also claimed as loss of use of the right leg and loss of head and neck of the right femur, and status post right hip arthroplasty and prosthesis removal, also claimed as loss of hip joint, are not deemed to be due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault by VA medical personnel. The Veteran's conditions were determined to have been the result of his own underlying health conditions.

The Veteran's death was caused by a subdural bleed, which led to an acute myocardial infarction and ultimately cardiorespiratory arrest. His service-connected peptic ulcer disease did not cause his death.

The Board denied the appellant's claim for legal entitlement to the one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of qualified service, as determined by the National Personnel Records Center (NPRC).

The Board has determined that the appellant is not eligible for 'veteran' status for VA benefits purposes and has remanded the case to provide the appellant with another videoconference hearing.

The Board has ordered additional development to address the validity of an overpayment created in the amount of $16,055.50 due to a retroactive termination of VA benefits for being identified as a fugitive felon.

The claim for a one-time payment from the FVEC fund is denied because the decedent died prior to the enactment of the American Recovery and Reinvestment Act of 2009, which established this benefit.

The Veteran's grandson, who was not legally adopted by the Veteran and his spouse, does not meet the eligibility requirements for Chapter 35 Dependents' Educational Assistance Program benefits.

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

The appellant is not recognized as the Veteran's surviving spouse for VA death benefits due to a prior divorce, and thus her claim is denied.

The Board found that the Appellant did not have an acute myocardial infarction, cardiac arrest, or cerebrovascular accident during inactive duty for training (IADT), and his atrial fibrillation is not related to active military service. The respiratory disorder had resolved with treatment in service and has not been continuous since separation.

The Board denied the Veteran's claims for increased ratings for his left and right Achilles tendonitis, finding that the evidence did not warrant a rating higher than 10 percent.

The Board found that the Veteran did not properly complete a VA Form 22-1990, which was submitted in April 2010, and thus it does not constitute an irrevocable election of Chapter 33 Post-9/11 GI Bill benefits. As a result, the appeal is denied.

The Board found that the August 2010 notice of disagreement was not timely filed, and therefore denied the appeal.

The Board denied the appellant's claim for eligibility to VA educational assistance benefits under Chapter 1606, Title 10, United States Code (MGIB-SR) due to his unsatisfactory participation in the Selected Reserve.

The Board has remanded the case due to inadequate VA examination and failure to comply with previous remand directives. The Veteran needs a new VA examination to determine if his current hip disorders are related to service-connected conditions.

The Board has remanded the case for further development, including obtaining additional medical opinions and records. The Veteran's claim of entitlement to service connection for a bilateral hip disorder is related to his lumbar spine disability, but the examiner's opinion is inadequate. His TDIU claim may be impacted by the outcome of this determination.

The Board found that the Veteran's post-surgical infection did not result in additional disability and that VA was not at fault. The claim for compensation under 38 U.S.C.A. § 1151 was denied.