Other conditions decisions — 2013

The Veteran's left great toe disability, characterized by constant pain, fused joint, partial amputation without metatarsal involvement, and degenerative joint disease/arthritis of the left great toe joint, does not meet the criteria for a rating in excess of 10 percent.

The Veteran's neck disorder and syncope are being remanded for additional examination and opinion to determine if they are related to his service-connected low back disability, and whether the neck disorder is aggravated by the syncope.

The Veteran's service-connected gunshot wound of the right arm warrants a 40 percent rating for accrued benefits purposes. The Veteran does not meet criteria for TDIU based on his service-connected disability.

The Veteran developed left brachial neuritis following an influenza vaccination administered by VA in October 1998. The Board finds that this disability is not reasonably foreseeable and grants compensation under 38 U.S.C.A. § 1151.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and clarifying the relationship between his service-connected conditions and any psychiatric disorder.

The Veteran's appeal is being remanded for further development, including scheduling a video conference hearing.

The Board has reopened the Veteran's claim for service connection for Crohn's disease and remanded it for further development, including a VA examination.

The Board granted service connection for Raynaud's disease effective December 26, 2002 and denied the other issues on appeal. The Veteran is not entitled to an earlier effective date.

The Veteran's right knee degenerative joint disease has been productive of pain with extension to 0 degrees and flexion to no less than 90 degrees, including on repetition. The disability picture does not meet the criteria for a higher initial rating.

The Veteran withdrew his appeal regarding the issue of entitlement to service connection for hemochromatosis.

The Veteran's claim for service connection for chronic upper respiratory infections is being remanded due to the need for additional medical opinions and treatment records.

The Veteran's service-connected herniated nucleus pulposus at L5-S1 is currently rated as 20 percent disabling effective from August 25, 2009. The claim for increased disability rating prior to this date remains denied.

The Board denied the appellant's claim for legal entitlement to the one-time payment from the FVEC Fund due to a lack of qualifying service with the United States Armed Forces.

The Veteran's claim for a compensable evaluation for varicose veins in both lower extremities is being remanded due to the need for clarification of symptomatology and etiology.

The service department has certified that the appellant had no 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. Therefore, he is not eligible for payment from the Filipino Veterans Equity Compensation Fund.

The VA has denied the appellant's claim for basic eligibility to receive a transfer of educational benefits under Chapter 33, United States Code due to lack of approval from the service department for the Veteran's request to transfer entitlement.

The Board found that the appellant had forfeited her right to VA benefits due to submitting a fraudulent affidavit in support of a claim for VA death benefits. The October 2007 forfeiture decision remains final and is a legal bar to any potential reopening or award of VA benefits.

The Board has determined that the appellant did not file a timely substantive appeal regarding whether a timely substantive appeal was filed, and thus denied this appeal.

The Board denied the appellant's claim for retroactive Dependents' Educational Assistance (DEA or Chapter 35) benefits for schooling prior to November 5, 2009 due to lack of timely application.

The Board found that the Veteran was not exposed to ionizing radiation during service and thus did not meet the criteria for presumptive service connection. The evidence does not support a finding of direct service connection as rectal cancer is not shown to be related to active duty.