Other conditions decisions — 2012

The appellant is not entitled to VA death pension benefits as he does not meet the legal criteria of a child for purposes of eligibility under VA laws and regulations.

The Veteran's claim for an earlier effective date for the award of increased compensation based on the addition of a dependent spouse was denied as there is no evidence that he notified VA of his marriage within one year of January [redacted], 1992, and thus the correct effective date is October 1, 2008.

The Board has restored the Veteran's 60 percent rating for right thoracotomy, which was reduced to noncompensable. The Veteran now has at least one service-connected disability rated as compensable.

The Veteran's head injury on November 29, 2009 was considered an emergency requiring immediate treatment. The nearest VA facilities were not feasibly available at the time of the injury, and thus reimbursement for private medical expenses incurred is granted.

The Board has determined that the Veteran's residuals of a right femur fracture more closely approximate malunion with moderate knee or hip disability, warranting a 20% rating for the entire appeal period.

The Board found that the appellant did not have qualifying service and therefore does not meet the requirements for basic eligibility to receive a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's surviving spouse is not eligible for a one-time payment from the FVEC fund as the Veteran did not file a claim under the Act before his death.

The Veteran's income exceeded the maximum annual pension rate for special monthly pension benefits based on the need for aid and attendance and with no dependents from August 25, 2010 to August 24, 2012.

The Board denied the Veteran's claim for service connection for organic brain syndrome and did not address his request for an effective date prior to May 5, 2005, for a TDIU rating.

The Board denied the Veteran's claim for waiver of overpayment, finding that while there was some fault on his part in creating the overpayment, it would not be against equity and good conscience to require repayment.

The Board found no basis to assign a compensable rating for the Veteran's service-connected calcifying pleural plaque formation claimed as asbestosis, and thus denied the claim.

The Veteran's appeal for additional CRDP compensation has been withdrawn, and the issue is dismissed.

The Board has determined that the Veteran's genital herpes, type 2 did not have onset in service and was not caused or aggravated by his active military service.

The Board has remanded the case due to missing VA treatment records and a need for an updated medical opinion. The Veteran's heart conditions, including patent foramen ovale, mitral valve prolapse, septal heart defect, murmur, sinus bradycardia, sinus arrhythmia, tachycardia, and palpitations are under review.

The Veteran's claim for increased ratings for his service-connected respiratory disorder with secondary obstructive sleep apnea is being remanded to the RO for additional development of the record, including obtaining VA outpatient treatment records and scheduling a new VA examination.

The Board denied the appellant's claim for service connection for sterility due to radiation exposure, finding that there was no evidence linking his current condition to his military service.

The Board found that the Veteran's service connection claims for degenerative joint disease of his hips, including residuals of bilateral total hip replacements, were not supported by evidence showing a link to military service or a service-connected disability.

The Board found that the Veteran's current left eye disability, dry eye syndrome, and photophobia are not related to his service or a service-connected condition.

The Veteran's additional disability resulting from the May 2004 nerve block at a VA medical facility is not supported by the evidence, and his claim for compensation benefits under section 1151 of the U.S. Code has been denied.

The Board has determined that there is no current evidence of peripheral vascular disease of the bilateral lower extremities, and thus service connection cannot be established.