Other conditions decisions — 2012

The Board has granted the Veteran's claim of service connection for a cardiac disability, specifically atrial fibrillation. The criteria for service connection have been met as there is evidence of in-service symptoms, current diagnosis, and continuity of symptomatology since service.

The Board has determined that the Veteran's right hip disorder did not manifest during service and is not related to any in-service injury. As a result, the claim for service connection for a right hip disorder is denied.

The Board found that there is no evidence linking the Veteran's current bilateral hand and finger stiffness or residuals of cold injury to his active service, including exposure to cold weather. The claim for service connection was denied.

The Veteran's service-connected left and right leg shin splints/stress fractures are currently rated as noncompensable under Diagnostic Code 5262. The evidence does not meet the criteria for a compensable rating based on painful motion or periarticular pathology.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claim of service connection for EBV remains pending, as does his request for an increased evaluation for PTSD.

The Veteran's daughter is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code because she was already 26 years old when her father's permanent and total disability rating became effective.

The Veteran's metastatic adenocarcinoma of the right lung, status post right upper lobectomy, is not service-connected due to lack of a primary diagnosis. The claim for rectal/colon adenocarcinoma (status post abdominoperineal resection) was previously denied and has not been appealed.

The Board has restored service connection for plasmacytoma of the lungs, finding that the original grant in May 2006 was not clearly and unmistakably erroneous.

The Veteran's claim for an effective date prior to August 1, 2008, for the addition of a dependent child with initials E.B. was denied as VA did not receive notification of the child's existence within one year of his birth.,The Veteran's claim for an effective date prior to November 1, 2008, for the addition of a school child with initials K.B. was denied as compensation could only be paid from the child's 18th birthday and VA did not receive notification until after this date.

The Veteran's claim for service connection for a bilateral hip disorder, which is secondary to his service-connected low back disability, has been remanded due to the addition of VA outpatient records that may be relevant to the claim. The AOJ will consider this additional evidence and provide another SSOC if necessary.

The Veteran's lung disorder, which required a pneumonectomy in 2008, is being remanded for further examination and opinion as to whether it was incurred or due to his active duty service, including exposure to asbestos.

The Veteran died in April 2008 due to an acute cardiac event. The appellant's application for non-service-connected burial benefits was denied as the criteria were not met.

The Veteran's overpayment of VA compensation benefits was denied a waiver due to his fault in creating the debt, as he continued to accept payments at a higher level than permitted while incarcerated for a felony. The Board found that recovery would not result in undue hardship and that unjust enrichment would occur if waived.

The Board has denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund as he did not have qualifying service in the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board has determined that the appellant is not recognized as the Veteran's surviving spouse for purposes of establishing eligibility for DIC, death pension, and accrued benefits due to her divorce from the Veteran prior to his death.

The Veteran's unauthorized medical expenses for a urinary tract infection incurred on July 5, 2010 at BryanLGH Medical Center-East in Lincoln, Nebraska are denied as the condition was not service-connected and no VA facility was feasibly available.

The Board previously denied service connection for residuals of a cold injury to the hands. The case is being remanded due to inadequate examination and failure to comply with previous remand instructions.

The Board has determined that the Veteran's residuals of a right thumb fracture and left middle finger chip fracture do not warrant compensable evaluations under the applicable rating criteria.

The Veteran's claim for service connection for a chest disability, including chest wall syndrome, was denied as there is no competent medical evidence to support the assertion that her current symptoms are causally related to active service.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's hypertensive lesions are related to his service-connected migraines.