Other conditions decisions — 2012

The Veteran's appeal is remanded for an additional VA dental examination to determine whether his maxilla bone loss is replaceable by a prosthesis. The case will be returned to the Board after further development.

The Board finds that the preponderance of the competent evidence is against a finding that the Veteran's currently diagnosed atrial fibrillation is related to service or to a service-connected disability, and thus denies his claim for service connection for a cardiac disability other than ischemic heart disease.

The Board found that the Veteran's current bilateral eye conditions are not shown by the credible lay and medical evidence of record to be etiologically related to a disease, injury, or event in service.

The Board has reopened the Appellant's previously denied claim of entitlement to recognition of C.W., Jr., as the helpless child of the Veteran for VA compensation purposes. The newly submitted evidence suggests that C.W., Jr., may have been incapable of self-support since birth, despite not becoming a member of the Veteran's household until after he turned 18. However, this does not conclusively establish his eligibility.

The Board finds that the Veteran's right thigh condition is related to his time in service and grants service connection for this disability.

The VA examiner determined that the Veteran does not have current cellulitis related to his active duty service. The opinion is based on a review of the medical records and analysis of the Veteran's history, concluding that any current skin disability is not related to his active duty.

The Veteran's appeal for an increase in a 10 percent rating for disfigurement of the nose has been dismissed due to his death.

The Board denied the Veteran's claims for service connection for a disability manifested by memory loss and an increased rating for residuals of a pituitary adenoma resection, finding that there was no evidence to support these claims.

The Veteran's lung disorder is not related to service and was not shown to be chronic in service. The Board found that the Veteran did not meet the criteria for service connection.

The Veteran's surviving spouse, the appellant, is denied DIC benefits as she did not meet the legal requirements to be recognized as a surviving spouse for VA purposes.

The Board finds that service connection is established for a right lower extremity disorder, specifically compartment syndrome of the right lower leg.

The Board has determined that the criteria for a 60 percent evaluation for loss of use of the left hand were met as of December 3, 2004 and granted an effective date of December 3, 2004.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and VA examinations to assess his skin condition and left knee disability.

The Veteran's appeal was dismissed due to the death of the appellant during the pendency of the appeal.

The Board has determined that the overpayment of $666.50 in dependency benefits was solely due to VA administrative error and is therefore invalid.

The suspension of the Veteran's aid and attendance allowance due to hospitalization was proper as per VA regulations.

The Board denied the Appellant's claim for an increased attorney fee from VA, finding that the criteria for such a higher fee were not met. The decision was based on the fact that the past due amount awarded to the Veteran's spouse - resulting in reduced retroactive payment of VA benefits - did not include pension payments already received by her.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces during World War II and therefore is ineligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal is being remanded due to his failure to report for a scheduled hearing before a Veterans Law Judge. The case will be returned to the RO for rescheduling of the hearing.

The Board has reopened the Veteran's claim for service connection for left orchiectomy, postoperative carcinoma due to new and material evidence. However, it was determined that there is no indication of an association between his condition and his military service.