Other conditions decisions — 2012

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has remanded the case due to a claim for eligibility for VA outpatient dental treatment for periodontal disease, as it is also a claim for VA dental examination or outpatient dental treatment.

The Board has determined that the reduction of the Veteran's disability rating for fracture of the left first and second toes from 10 percent to noncompensable was improper, and restored a 10 percent rating effective May 1, 2008.

The Veteran's military service does not meet the threshold requirements for VA non-service-connected pension benefits due to lack of wartime service.

The Veteran's initial rating for residuals of a right thumb ligament injury before May 26, 2009 was denied. From May 26, 2009, the maximum schedular rating under Diagnostic Code 5228 (limitation of motion of the thumb) is assigned.

The Board found that the appellant and the Veteran were not in a marriage prior to October 2007, which did not meet the criteria for eligibility as an eligible surviving spouse for VA death benefits.

The Board has determined that the appellant's discharge from service was under dishonorable conditions due to willful and persistent misconduct, including assault on fellow Marines, possession of marijuana, and being absent from an appointed place of duty. As a result, his character of discharge is considered a bar to VA benefits.

The Board found that the retroactive termination of the Veteran's additional disability compensation benefits for a dependent spouse, P.I.D., effective June 1, 2000, and the grant of additional disability compensation benefits for a dependent spouse, B.J.K., effective March 1, 2007, were proper. The overpayment in this case was properly created due to the Veteran's failure to notify VA of his divorce and subsequent marriage.

The Board denied reopening the claim of service connection for atypical psychosis, finding that new and material evidence had not been received.,The Board granted service connection for PTSD effective July 19, 2007.

The Veteran's claim for service connection for unstable angina secondary to her service-connected paroxysmal atrial tachycardia is being remanded due to the need for a VA examination and additional medical evidence.

The Board is reopening the claim for service connection for endometriosis because there is new and material evidence, but it is remanding this reopened claim for further development.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, they are ineligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of service in the United States Armed Forces.

The Board has determined that the appellant did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is not eligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's income exceeded the threshold for cost-free VA care, resulting in a denial of his request for treatment without copayment.

The Veteran was granted a monthly housing allowance of $977.40 for the month of August 2009, pursuant to Chapter 33 education benefits under the Post-9/11 GI Bill.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, they are legally ineligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's unauthorized medical expenses for emergency room services received at Mena Regional Health System on February 9, 2010 are granted as the condition was a medical emergency and no VA facility was feasibly available.

The Board has determined that the Veteran's right knee disorder, including degenerative joint disease, a medial meniscus tear, and chondromalacia, is related to his in-service injury. As such, service connection for this condition is granted.

The Veteran's claim for a disability rating in excess of 20 percent for gastric resection residuals was denied as his condition did not meet the criteria for a higher rating under any applicable diagnostic codes.