Other conditions decisions — 2012

The Board has restored the initial 20 percent rating for TMJ dysfunction, effective October 2, 2008, after finding that the RO failed to consider and apply the provisions of 38 C.F.R. § 3.344 in reducing the rating.

The Veteran's multiple myeloma is presumed due to exposure to Agent Orange. However, the dates of his service in Vietnam and pertinent unit histories are unclear, requiring further investigation.

The Veteran's service was not sufficient to meet the 90-day requirement for basic eligibility for VA death pension benefits.

The Board has determined that a VA examination is needed to determine the nature and etiology of any current eye disorder, including whether it is related to service or if it was caused by a superimposed disease or injury during service. The Veteran's claim will be remanded for this purpose.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining one-time payment from the Filipino Veterans Equity Compensation Fund.

The service department certified that the appellant had no 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 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 Board has determined that the Veteran's treatment at St. Edward Mercy Medical Center on January 11, 2008 did not meet the criteria for payment or reimbursement due to lack of emergency condition and non-feasibility of VA facility.

The Board found that the Veteran's pre-existing left jaw injury was not aggravated by service, and therefore denied his claim for service connection.

The Board has granted the appellant's claim for a benefits payment rate of 100 percent under the Post-9/11 GI Bill, finding that he completed more than 36 months of aggregate, honorable, and creditable active duty service after September 10, 2001.

The Board found that the Veteran's Reiter's syndrome pre-existed his entry into service and did not increase in severity during service, thus denying service connection.

The Veteran's service-connected malaria is not currently active or productive of any current residuals, and therefore does not warrant a compensable rating.

The Veteran's right biceps muscle disability has been evaluated at a 10 percent rating since the initial grant of service connection. The current evidence does not support an increase in this evaluation.

The Board has determined that the Veteran's duodenal ulcer was incurred during active military service, resolving all reasonable doubt in favor of the Veteran.

The Veteran's service-connected residual scar of the left lower lip, resulting from squamous cell carcinoma and basal cell carcinoma, is currently rated at 10 percent. The Board finds that this rating adequately reflects the severity of his condition.

The Board found that the Appellant's discharge was under conditions other than honorable due to willful and persistent misconduct, specifically his AWOL period. As a result, his character of discharge is considered dishonorable, which bars him from receiving VA benefits.

The Board found no evidence of a current right ear disability and denied service connection for dyshidrosis. The claim for service connection for a right ear disability was also denied.

The Board denied the appellant's claim for an increased DIC rate based on her adoption of her grandson, finding that he did not meet the legal requirements to be considered a dependent child under VA regulations.

The Board has determined that additional development is needed to verify the Veteran's service in Vietnam and Thailand, as well as his exposure to herbicides. The case will be remanded for these purposes.

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling a VA examination to determine if the Veteran's lung disability is related to service exposure to asbestos. The claim will be reconsidered after these actions.