Other conditions decisions — 2012

The Veteran's appeal is remanded for additional examination and development of records to address the severity of his thoracic levoscoliosis, including functional range of motion and any associated radiculopathy. The case will be readjudicated following these actions.

The Board has determined that the appellant does not have qualifying service for the purpose of receiving a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran does not have a compensable dental condition and his loss of teeth is due to periodontal disease, which is not service-connected.

The Board has determined that the appellant does 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 claim for an initial rating in excess of 10 percent for residuals of a left hand injury with arthritis is denied as there is no evidence of ankylosis or other functional impairment that would warrant such a higher rating.

The appellant's service is not recognized, and she does not meet the requirements for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board dismissed the appeal due to the death of the appellant, and therefore has no jurisdiction to adjudicate the merits of this claim.

The Board has restored service connection for a cognitive disorder, finding that the severance of service connection was improper due to insufficient evidence certifying the previous diagnosis as 'clearly erroneous'.

The Veteran's pseudoaneurysm of the left brachial artery and resulting left arm disability were not caused by VA carelessness, negligence, or error in judgment. The Veteran did not give informed consent for the procedures performed through his arm.

The VA 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 U.S. Armed Forces during World War II and therefore is not eligible for benefits under the Filipino Veterans Equity Compensation Fund.

The Board denied the appellant's claim for a one-time payment from the FVEC fund due to lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Veteran is seeking service connection for a breathing disorder, which he claims developed due to asbestos exposure on his Navy ship. The Board has ordered additional development including obtaining Social Security Administration records and VA medical records.

The Board has determined that the appellant does not meet the legal criteria for non-service-connected death pension benefits, additional DIC benefits based on need for aid and attendance or housebound status, or accrued benefits. The claims are denied as lacking legal merit.

The Board has reopened the Veteran's claim for service connection for residuals of a left foot injury and finds that there is sufficient evidence to support this claim, including continuity of symptoms since service.

The Veteran is seeking clarification on whether the overpayment of $1999.00 in VA pension benefits was properly created, and if so, when it should have been addressed.

The Board has decided to remand the case for additional development, including obtaining Social Security Administration records and Army Morning Reports. The Veteran's representative status needs clarification.

The appellant's annualized countable income, including deductions for unreimbursed medical expenses and burial costs, exceeds the maximum annual pension rate set by law. Therefore, her claim for death pension benefits is denied.

The Board denied the Veteran's claim for retroactive induction for re-entry into a vocational rehabilitation training program under Chapter 31 of Title 38 of the United States Code, finding that there was no legal basis for entitlement to the benefits sought.

The Veteran's paralyzed left hemidiaphragm and partial collapse of the lung were not caused by VA carelessness, negligence, or lack of proper skill. The Board finds no fault on VA's part in providing treatment.

The Veteran's herpes simplex virus required constant or near constant systemic therapy from January 23, 2002 to January 24, 2008. An initial 60 percent rating was granted for this period.