Other conditions decisions — 2012

The Veteran's claim for a compensable rating for costochondritis is being remanded due to the need for additional examination and review of his medical records.

The Veteran's service-connected left hip fracture disability is currently rated as 10 percent disabling, and the Board finds that it does not meet the criteria for a higher evaluation.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining relevant medical records. The issues of an increased rating for his service-connected back disability and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities are also pending.

The Board held that the Veteran's VA compensation benefits were properly terminated from October [redacted], 2003 to October [redacted], 2005 due to his fugitive felon status, and thus the debt created through this termination was proper.

The Veteran's service-connected conversion disorder with bilateral lower extremity paralysis renders him in need of the regular aid and attendance of another person, warranting special monthly compensation based on this need.

The Board found that the Veteran's varicose veins were not incurred or aggravated by service, as they had been surgically corrected prior to his entry into active duty.

The Board has determined that the Veteran's right knee disability does not warrant an evaluation in excess of 30 percent, but he is entitled to a separate 10 percent evaluation for limitation of flexion.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's claimed eye conditions, including exposure during service.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, scheduling a VA examination to determine the nature and etiology of any diagnosed arthritis of the right hand, and addressing whether it is at least as likely as not that the Veteran's current right hand arthritis is related to service or secondary to his service-connected residuals of a remote right fifth metacarpal fracture.

The Board found that the appellant was not the Veteran's surviving spouse for purposes of VA benefits due to a lack of continuous cohabitation from the date of marriage until the Veteran's death, despite her assertions and testimony. The appellant married another man shortly after the Veteran's death, held herself out as his wife publicly, and only obtained a divorce years later.

The Board has determined that additional development is needed, including obtaining VA treatment records and scheduling the Veteran for a VA examination to determine if his current skin conditions are related to his latex allergy.

The Board found that the Veteran's current lung disorder, status-post pneumonia and empyema, claimed as loss of lung capacity, was not incurred or aggravated in service. The skin disorder of the feet, claimed as foot fungus, was also denied.

The Board has determined that there is no evidence to support the appellant's claim of active duty service, and thus he cannot be considered a veteran for purposes of VA benefits.

The Veteran's death was attributed to arteriosclerotic cardiovascular disease, congestive heart failure, and chronic pulmonary disease. The cause of death is considered service-connected as it resulted from the Veteran's pre-existing conditions.

The Veteran's appeal is being remanded due to a scheduling error for his scheduled videoconference hearing. The case will be handled by the RO and he should be notified of the new date.

The Veteran's claim for an increased rating for traumatic encephalopathy is being remanded to obtain a VA examination and additional medical records.

The Board has determined that the appellant did not have valid military service and therefore is not eligible for payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal is remanded due to the need for additional VA treatment records and a new VA respiratory examination, including pulmonary function testing. The case will be returned to the Board for further consideration.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board denied the appellant's claim for a one-time payment from the FVEC 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.