Other conditions decisions — 2012

The Board found that the Veteran's left hip disability, diagnosed as left hip trochanteric bursitis, was not incurred in or aggravated by active service and denied the claim.

The Veteran's service-connected residuals of spontaneous pneumothorax with thoracotomy scar do not meet the criteria for a compensable rating under VA's rating schedule.

The Veteran's patellofemoral syndrome of the right and left knees is not shown to have resulted in any limitation of motion or functional impairment that would warrant a compensable rating under VA disability evaluation criteria. As such, his claims for initial noncompensable ratings are denied.

The Board has granted service connection for essential tremors, finding that the Veteran's current diagnosis is related to military service, including exposure to chemicals during service.

The Board denied the appellant's claim for basic eligibility to VA disability benefits due to a lack of qualifying military service, as certified by the service department.

The Veteran's disability rating for reflex sympathetic dystrophy of the left leg was increased to 40 percent effective October 8, 2008.,From October 16, 2009, when he underwent above-the-knee amputation, his disability is rated at 60 percent.

The Veteran's claim for service connection for degenerative joint disease with spinal stenosis and foraminal narrowing at L4/5 and L5/S1 is being remanded due to the need for a Travel Board hearing.

The Veteran's claim for special monthly pension by reason of the need for regular aid and attendance of another person is denied. The Veteran's claim for special monthly pension by reason of being housebound is also denied.

The Veteran's appeal is being remanded for further development, including obtaining medical opinions regarding the etiology of his nasal tracheal tree lesions and whether they are related to service or a service-connected disability.

The Veteran's appeal is being remanded due to his failure to appear at a previously scheduled hearing. He now requests a hearing before the Board at his local VA Regional Office in Ohio.

The Veteran's right and left gastrocnemius and soleus disabilities have been evaluated as unlisted conditions under Diagnostic Code 5284. The VA examiners found no moderate or severe impairment in either leg, with the exception of varicose veins which were noted but not directly related to the gastrocnemius and soleus muscles.

The Veteran's claim for payment or reimbursement of private medical expenses incurred from June 29 to June 30, 2009 is granted as the treatment was necessary due to an emergency and VA facilities were not feasibly available.

The Board denied the Appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of recognized active military service as required to establish eligibility.

The Veteran's forfeiture of VA benefits due to aiding an enemy under Section 3504(a) remains in effect, thus denying his claim for benefits from the Filipino Veterans Equity Compensation Fund.

The Veteran died before the enactment of the American Recovery and Reinvestment Act, which provides for a one-time payment from the FVEC fund. As the Appellant did not file a claim on behalf of her deceased spouse, she is not eligible for the payment.

The appellant is not eligible for VA death benefits due to his age at the time of application and lack of evidence showing he was permanently incapable of self-support prior to turning 18 years old.

The Board has determined that the appellant is entitled to retroactive payment of Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code, for periods of enrollment prior to January 22, 2010. However, due to errors in eligibility determination and overpayment, further review is needed to determine the appropriate effective date and any other relevant factors.

The Board has determined that the appellant is not a veteran and therefore ineligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and further review of his claim.

The Board found that the Veteran's injuries sustained in service were due to his own willful misconduct, resulting in loss of vision of the right eye.