Other conditions decisions — 2012

The Board has remanded the case due to a need for further verification of the appellant's service as a recognized guerrilla in the Philippine Commonwealth Army. The appeal will be reconsidered after this development.

The appellant does not meet the basic eligibility requirements for a one-time payment from the FVEC Fund due to lack of qualifying service, and therefore, the claim is denied.

The Board found that the appellant's service with the Luzon Guerilla Army Forces in the Pangasian Military Area from July 1944 to September 1945 does not qualify him for nonservice-connected pension benefits as it is excluded for purposes of entitlement to such benefits.

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's service is not considered qualifying service for the one-time payment from the Filipino Veterans Equity Compensation Fund, as he served in the Navy of the United States and not in the organized military forces of the Government of the Commonwealth of the Philippines.

The Veteran seeks service connection for colon cancer, which he alleges is related to his active duty service. The case is remanded due to the lack of relevant VA treatment records and SSA disability records.

The Veteran's death occurred many years before the enactment of the 2009 law establishing the FVECF, and therefore the Appellant is not eligible for a one-time payment from this fund.

The Veteran's death was not caused by a service-connected disability, and there is no evidence of exposure to herbicides. The cause of death was listed as squamous cell carcinoma of the urinary bladder, which may be presumed to have been caused by Agent Orange exposure.

The Board has determined that there is no evidence linking any current calcaneal spur or ankle disability to the Veteran's short period of active duty for training (ADT) in 1978, and thus service connection cannot be established.

The Veteran's bilateral mastectomy residuals, right and left knee patellofemoral pain syndrome were all found to be incurred during active service.

The Board previously denied the Veteran's claim of service connection for residuals of a cholecystectomy, but the Court found that the VA medical report was inadequate and remanded the case to the Board for further development.

The Board has determined that the Veteran's left testicle disorder is related to his active military service and grants his claim for service connection.

The Board found that the Veteran's bowel perforation and subsequent surgeries were not caused by VA surgical treatment in February 2006, concluding it was due to his underlying ulcerative colitis.

The Veteran's TDIU claim was granted, and his increased rating claims for sternum fracture residuals and right infraorbital branch of the V cranial nerve with status-post right trimalar fracture were denied. The RO is directed to schedule the Veteran for VA examinations to assess the current severity of these service-connected disabilities.

The Board has determined that further development is required to determine if the Veteran attended classes as required, and thus whether he was entitled to educational assistance benefits. The case will be remanded for this purpose.

The Veteran's service-connected chondromalacia patella of both knees is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on current evidence.

The Veteran's service-connected residuals of a cold injury, to include Raynaud's phenomenon, are manifested by characteristic attacks occurring at least daily. However, two or more digital ulcers have not been shown.

The Veteran's claim for a disability rating in excess of 10 percent for service-connected hyperpigmented lesions of the face and right axillary region is being remanded due to the need for additional private treatment records.

The Veteran's right and left heel spur syndromes are rated at 20 percent each, the maximum schedular rating under Diagnostic Code 5284 for moderate residuals of other foot injuries.

The Veteran's lymphocytic lymphoma was rated at 30 percent effective March 26, 2012. The claim for higher ratings is denied.