Other conditions decisions — 2013

The Board has determined that the Veteran's current ventral hernia is related to his service, and thus grants service connection for a stomach muscle disability manifest as a ventral hernia.

The Veteran's bilateral pulmonary embolism has resolved and he is currently asymptomatic. He was granted service connection, but the disability does not meet the criteria for a compensable rating.

The Veteran's service-connected disabilities did not render him unemployable prior to his death, and therefore he is not entitled to TDIU for accrued purposes.

The Board has determined that the Veteran does not have a current diagnosis of a respiratory disorder, and therefore, service connection for a respiratory disorder is denied.

The Veteran's appeal is being remanded due to the need for a VA examination to determine the current degree of severity of his service-connected upper back disability, including all orthopedic manifestations.

The Veteran's adenocarcinoma of the colon was not caused by VA negligence or carelessness, and therefore compensation under 38 U.S.C.A. § 1151 is denied.

The Board has determined that additional development is necessary prior to the adjudication of this claim due to missing service records and new evidence.

The Board has decided to remand the case for further development, including a VA examination and verification of in-service asbestos exposure. The Veteran's claim will be reconsidered based on the additional evidence.

The Board has determined that the appellant's colon cancer is related to her active service and grants her claim for service connection.

The Board has decided to remand the case for a VA examination and updated treatment records, as well as to clarify whether any diagnosed left leg disorder had its onset during service or is otherwise related to service.

The Board has found new and material evidence sufficient to reopen the claim of service connection for traumatic arthritis of the right foot. The Veteran's preexisting condition was aggravated during military service.

The Board denied the Veteran's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the Armed Forces of the United States.

The Veteran's claims for service connection for colon polyps, nodules of the lungs, and high cholesterol have been denied as there is no current disability associated with these conditions.

The Board has determined that the veteran did not have 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 not eligible for benefits under the Filipino Veterans Equity Compensation Fund.

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

The Veteran's service as part of the recognized guerrillas in the Commonwealth Army of the Philippines prior to July 1946 does not qualify him for VA pension benefits.

The Board found that the Veteran's service-connected bronchiectasis and left lobectomy did not contribute substantially or materially to cause his death, as septicemia was listed as the immediate cause of death. The pulmonologist opined that these conditions were not etiologically related to the underlying cause.

The Board has determined that the Veteran's claim for service connection for colon cancer cannot be granted based on direct service connection or presumptive service connection due to herbicide or radiation exposure. The evidence does not support a finding of service connection under either theory.

The Board has granted the Veteran's request for waiver of recovery of an overpayment of VA nonservice-connected pension benefits, in the amount of $42,324.50, with some portion already recovered prior to August 27, 2013.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder and for a higher initial evaluation for hypertensive heart disease. The claim for earlier effective date was not addressed as it is remanded.