Other conditions decisions — 2012

The Veteran died in December 2004 and was buried the same month. The appellant's application for burial benefits was received by VA in August 2008, which is more than two years after the death of the Veteran. As a result, the claim is denied.

The Veteran's appeal for a compensable disability rating for residuals of a right fifth metacarpal fracture is granted, with a 10% rating effective from July 31, 2007.

The Board found that the Veteran did not sustain a bilateral elbow injury or disease in service, and that her symptoms were not chronic in service. Therefore, the claim for service connection for bilateral elbow disorder was denied.

The case is being remanded for scheduling a Travel Board hearing before a member of the Board at the Muskogee, Oklahoma, VA RO.

The Board has determined that the effective date for the grant of service connection for adenocarcinoma of the prostate is December 23, 2008, which is the date VA received the Veteran's original claim.

The Veteran's claim of service connection for a left foot disability was denied as he does not have a current diagnosis. The claims of service connection for right elbow and stress fractures of both legs remain pending due to the need for additional records.

The Veteran's service connection claim for residuals of status post excision of lipomas of the right thigh, right abdomen, left thigh, and right trunk is granted as these scars are considered direct service connection.

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, he is denied entitlement to the one-time payment from the FVEC fund.

The Veteran seeks recognition as a former prisoner of war, but the appeal is remanded due to unavailable service personnel and treatment records.

The motion for revision of a prior Board decision on the grounds of CUE was dismissed without prejudice to refiling due to the moving party not being a party to the April 25, 2006 Board decision.

The Board denied the Veteran's claims of service connection for colitis, prostate disorder, residuals behind the left eye (claimed as a brain tumor), and arthritis. The evidence did not establish that these conditions were incurred in or aggravated by active service.

The Board has determined that the appellant's right-sided paralysis is related to his military service, specifically an injury he sustained during active duty in Vietnam. The Board found sufficient evidence to grant service connection for this condition.

The Board has determined that the Veteran's essential tremors were not incurred in or aggravated by active service and is therefore denied.

The Veteran's dysthymia has been rated at 100% since July 2, 2001. As a result, the claim for Total Disability based on Individual Unemployability (TDIU) is moot and dismissed.

The Board has remanded the case for further development, including obtaining private treatment records and scheduling a VA examination to determine if the Veteran's pre-existing ichthyosis worsened during service.

The Board found no evidence of a chronic ingrown toenail disability and denied the Veteran's claim for service connection.

The Board has ordered a remand to obtain an updated medical opinion regarding the relationship between the Veteran's avascular necrosis and his military service.

The Veteran's appeal is remanded for additional development, including obtaining workers' compensation records and VA treatment records.

The Veteran's residuals of a fracture of the maxilla are rated at 10 percent since January 25, 1996. The evidence does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that the Veteran's fatigue is not a chronic disability and does not meet the criteria for service connection as it is associated with her service-connected conditions, including metastatic cancer and major depressive disorder. The claim is denied.