Other conditions decisions — 2012

The Board found that the Veteran does not have ALS, and the disorder characterized by muscle weakness did not onset in service or is causally related to service. Therefore, service connection for a disorder characterized by muscle weakness was denied.

The Board denied the veteran's claim for a one-time payment from the FVECF due to lack of qualifying service, as determined by the National Personnel Records Center (NPRC).

The Veteran, who served during World War I and died in 1973, is not eligible for a government-furnished headstone or grave marker because he was buried in a private cemetery prior to the eligibility criteria being established.

The Veteran's claim for educational assistance benefits under the Post-9/11 GI Bill Program is remanded due to his contention that he should have received an honorable discharge, despite being discharged under honorable conditions. The AOJ will provide the Veteran with forms to initiate a request for review of his discharge and potentially upgrade it.

The Veteran's service-connected lymphatic filariasis has been evaluated as 10 percent disabling for the groin area, and separate evaluations of noncompensable ratings have been assigned for edema in both lower extremities. The appeal is granted.

The Veteran's cause of death was due to adenocarcinoma of the pancreas with metastasis, and bilateral pulmonary congestion contributed as a contributory cause. The service connection for these conditions is denied as they are not related to his military service.

The Veteran's HIV was rated at 30 percent since December 15, 2009. The Board found that the evidence did not meet criteria for a higher rating prior to this date.

The Board has determined that the Veteran's service-connected PTSD with depression aggravated his oral lichen planus, warranting service connection for this condition. However, there is insufficient evidence to establish a direct causal relationship between the service-connected PTSD and the development of oral cancer.

The Veteran's cause of death is being remanded for additional development, including obtaining his complete Walter Reed records from December 1982 to October 1997 and attempting to obtain Social Security Administration disability records. A VA opinion will also be obtained regarding the etiology of the Veteran's Acute Myelogenous Leukemia (AML).

The Board has determined that additional development is needed to determine if the Veteran's death was caused or contributed to by his service-connected conditions, specifically his gunshot wound residuals and frozen feet.

The Board has determined that there is insufficient evidence to adjudicate the claim and has therefore remanded it for further action, including obtaining employment documents and verifying income.

The Veteran's appeal has been withdrawn due to his authorized representative requesting the withdrawal of the appeal.

The Veteran's left and right knee disabilities have been granted service connection, with a current rating of 10 percent for each knee since June 20, 2012.

The Board found that new and material evidence has not been submitted to reopen the claim of service connection for a mouth injury (trauma) causing the loss of teeth, as the evidence received was duplicative or cumulative.

The Board has remanded the case due to issues with representation and further development is required.

The appeal has been dismissed due to the death of the appellant.

The appellant withdrew her appeal for Dependents Educational Assistant (DEA) benefits under Chapter 35, Title 38, United States Code. As a result, the case is dismissed.

The Board has determined that the appellant did not have qualifying 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 compensation from the Filipino Veterans Equity Compensation Fund.

The Veteran's service does not qualify the appellant for death pension benefits.

The Veteran's overpayment of $1,934.20 was validly created due to his return to active duty service and the RO found that recovery would not be against equity and good conscience.