Other conditions decisions — 2012

The appellant's service as a guerrilla soldier during World War II was not recognized by the U.S. Armed Forces, and therefore he is not eligible for benefits from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected residuals of prostate cancer. Additionally, a statement of the case must be issued on issues related to higher ratings for various conditions.

The Veteran's bladder outlet obstruction and polyuria are being remanded for additional development, including obtaining a medical opinion regarding the relationship between his service-connected diabetes mellitus and these conditions.

The Veteran's claim for an increased rating for his lumbar spine disability is being remanded due to the need for additional medical examination and consideration of whether he has experienced incapacitating episodes.

The Board denied the Veteran's claims for service connection for uterine fibroids and pituitary tumor, as well as her increased rating claims for C-section scars and hypothyroidism. The Board found that there was no current disability for which compensation could be granted in these cases.

The Veteran's cause of death was due to an oropharyngeal neoplasm, but his service-connected duodenal ulcer and related conditions contributed substantially and materially in causing his death. The Board grants service connection for the cause of the Veteran's death.

The appellant's claim for VA benefits based on the need for aid and attendance or housebound status is denied as there is no legal basis to award such benefits due to the decedent's type of service and the appellant not being in receipt of any other survivor benefit such as DIC or accrued benefits.

The Board has determined that the appellant can be recognized as the Veteran's surviving spouse for purposes of receiving VA nonservice-connected death pension benefits, despite her filing a divorce petition prior to the Veteran's death. The decision is based on evidence showing no fault on the part of the appellant in the separation and her desire to remain married.

The Board determined that the Veteran's right hip disorder, which resulted in prosthetic replacement of the joint, was not incurred or aggravated by service and is not related to any service-connected disability.

The Board finds that the Veteran does not have a diagnosed skin disorder, including PCT, and thus service connection for a skin disorder is denied.

The Board has decided to remand the case for additional development, including obtaining VA and private treatment records, scheduling a new VA dental examination, and readjudicating the claim.

The Board previously denied service connection for cause of death, but a remand was ordered due to the Court's finding that there is evidence suggesting radiation exposure may have caused the Veteran's aortic stenosis and other conditions.

The Board found that the overpayment of $27,698.00 was properly created due to unreported income from February 1, 1989 and a duplicate payment made on February 27, 2009. The recovery of this amount is not against equity and good conscience.

The Board has remanded the case for further development, including obtaining medical records from the Jefferson County Hospital in Fairfield, Iowa. The appeal is now pending again with the RO.

The Board found no evidence of a current chronic sinus disability and thus denied the Veteran's claim for service connection.

The Veteran's claim for an earlier effective date for the award of a 50 percent rating for chronic hidrosadenitis is denied as it goes against the law. The Board found that service connection was already granted from the day following his discharge, and thus any request for an earlier effective date would be denied.

The Veteran's appeal is remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination. The case will be returned for formal adjudication of both TDIU and service connection issues.

The Board found that the Veteran's eye disorder, diagnosed as exotropia and heterotropia, did not occur or worsen during service. The condition was present prior to service and is considered a congenital disease rather than a defect.

The Veteran's bilateral hip disorder is being remanded for a VA examination to determine if it was caused or aggravated by his service-connected back disability. The issue of whether the hip disorder can be granted on a direct basis remains unresolved.

The Board found that the Veteran's hiatal hernia did not meet the criteria for a higher initial disability rating in excess of 10 percent, as it was not manifested by symptoms such as persistent epigastric distress with dysphagia, pyrosis, and regurgitation accompanied by substernal or arm/shoulder pain.