Other conditions decisions — 2012

The Board denied the appellant's claim for DIC benefits based on recognition as a helpless child of his deceased veteran father, finding that he did not become permanently incapable of self-support prior to attaining the age of 18.

The Board has determined that there is no evidence to support a finding of service connection for carcinoma of the face or carcinoma of the right ear, as these conditions are not shown to be causally related to military service.

The Veteran's election not to receive Chapter 30 educational assistance benefits has been upheld as he did not withdraw his original election prior to separation from service. As a result, the claim for educational assistance benefits is denied.

The Veteran seeks service connection for left arm, ear and nervous system conditions. The Board has determined that additional development is needed due to the unavailability of his service treatment records.

The Veteran requested to withdraw his appeal for a higher initial disability rating for ureterolithiasis, and the Board has dismissed the appeal.

The Veteran's appeal for nonservice-connected pension benefits has been dismissed as the appellant withdrew their appeal.

The Board has remanded the case for further development, including a VA examination to determine if the appellant's current peripheral vascular disease is related to his service. The appellant claims that his foot problems in service are linked to his current PAD.

The Veteran's claim for an increased rating for his right femur disability is being remanded due to the need for additional VA examinations and consideration of outstanding VA outpatient treatment records.

The Board has determined that the Veteran's colon and liver cancers were not incurred or aggravated during active duty service, and therefore denied his claims for service connection.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund as he did not meet the legal requirements to be considered a veteran, including service in the Philippine Commonwealth Army or recognized guerrillas.

The Veteran's overpayment of $14,749 was created due to periods of active duty and ACDUTRA. The Board found that recovery would be against equity and good conscience given the Veteran's financial hardship.

The Veteran's discharge from active duty was due to alcohol rehabilitation failure, which is a bar to eligibility for Post-9/11 GI Bill educational assistance benefits.

The Board has determined that the Appellant does not have active service as a member of the Philippine Commonwealth Army, including as a recognized guerrilla, in the service of the Armed Forces of the United States. Therefore, the Appellant is not eligible for a one-time payment from the FVEC Fund.

The Veteran's claim for service connection for large cell carcinoma of the lung, claimed as due to exposure to herbicides, has been dismissed because the appellant died during the appeal process.

The case is being remanded due to the need for further verification of the appellant's service from the National Personnel Records Center (NPRC). The appellant reported serving between December 1942 and December 5, 1945, but the NPRC only searched a specific time period. Additional evidence must be submitted.

The Board has remanded the case for scheduling a Travel Board hearing due to the Appellant's inability to attend her original hearing. The case will be returned to the Board after the hearing.

The Veteran seeks service connection for a skin condition, which he claims is related to his exposure to Agent Orange during service. The case is being remanded due to the need for clarification on whether his PTSD may have exacerbated his skin condition.

The Board has determined that the appellant's discharge from service is due to willful and persistent misconduct, which constitutes a bar to VA benefits.

The Board has remanded the case due to non-compliance with previous instructions for a compensation and pension examination, including pulmonary function testing. The Veteran's service-connected vocal cord dysfunction will be evaluated based on new evidence.

The Board has decided to remand the case for additional development, including obtaining updated VA treatment records and arranging for a medical examination. The Veteran's claim for service connection for basal cell carcinoma is related to exposure to Agent Orange during his service in Vietnam.