Other conditions decisions — 2012

The Veteran's skin disability is being remanded for a VA examination to determine if it is related to service. The current evidence does not contain sufficient competent medical evidence to decide the claim.

The Board denied service connection for back injury, pulmonary (chest) disability (other than pneumonia), and nasal disability due to lack of new and material evidence.

The Veteran's appeal is remanded for a VA examination to determine if his service-connected disabilities render him unemployable, and for referral of the issue of TDIU to the Director of Compensation and Pension Services.

The appellant's income exceeds the maximum annual pension rate for death pension benefits, thus she is not eligible for these benefits.

The Veteran claims service connection for pheochromocytoma, which he believes is related to his military service and exposure to Agent Orange. The case has been remanded due to the need for additional development including obtaining medical records and opinions.

The Board has granted service connection for a right hip disability and an increased rating of 100 percent for diabetes mellitus. The Veteran's claim is now substantiated.

The Board has determined that the Veteran's spontaneous pneumothorax warrants a 10 percent evaluation, but not higher.

The Veteran's residuals of fracture, left tibia and fibula have been rated at the maximum 40 percent since March 25, 2008. His varicose veins, left leg, are also rated at the maximum 40 percent since March 25, 2008.

The Board has determined that the Veteran's residuals of a brain tumor, status-post craniotomy, meet the criteria for service connection and is granted.

The Board found that the appellant's character of discharge from service constituted a bar to receipt of VA compensation benefits, as his offenses were not deemed insane at the time they occurred.

The Board is remanding the appellant's claim for a medical nexus opinion to determine if the Veteran's service-connected syphilis contributed to his death in January 1977. The VA will also attempt to obtain relevant post-service private medical records concerning treatment the Veteran reportedly received for syphilis from Drs. W and M of Dawson, Georgia.

The Veteran's claim for an earlier effective date for compensation benefits under 38 U.S.C.A. § 1151 was denied as the first indication of intent to file a claim occurred in June 2009, which is after the date injury or aggravation was suffered (June 26, 1997).

The Board has determined that the Veteran's dysthymic disorder warrants a 70 percent disability rating for the entire period of claim, meeting the criteria for such under Diagnostic Code 9433.

The Veteran's son seeks benefits under Chapter 18 of Title 38 for a birth defect, but the condition is not considered to be a form or manifestation of spina bifida. The mother did not serve in Vietnam and therefore does not qualify for benefits.

The Board 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 United States Armed Forces. Therefore, he is not legally entitled to one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran was granted service connection for bilateral athlete's foot, but assigned a noncompensable rating. The appeal is about the initial rating following grant of service connection.

The Board has determined that the appellant does not meet the basic eligibility requirements for a one-time payment from the FVEC fund due to lack of qualifying military service.

The Board finds that the Veteran did not experience loss of teeth due to in-service dental trauma and thus, service connection for compensation purposes is denied. However, the Veteran may be eligible for VA outpatient dental treatment based on his current dental condition.

The appellant does not have recognized active military service for the purpose of obtaining a one-time payment from the FVEC Fund, and her claim is therefore denied.

The Board has denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.