Other conditions decisions — 2013

The Board has determined that the Veteran's service-connected seizure disorder played a role in his fall from a tree, resulting in skull fracture and paraplegia. Therefore, the claims for residuals of a skull fracture and paraplegia are granted as secondary to the service-connected seizure disorder.

The Veteran has withdrawn his appeal for service connection for residuals of a left great toe fracture, and the Board does not have jurisdiction to consider this matter.

The Veteran's appeal is being remanded for a Travel Board hearing as requested. The issue of an increased rating for post-operative residuals of right thigh neuroma remains before the Board.

The Veteran does not have a current diagnosis of catarrhal fever or any chronic residuals thereof, and the evidence does not support service connection for this condition.

The Board has remanded the case due to insufficient documentation of the $3,000.00 advance payment and for the appellant to submit any additional relevant documents.

The Board denied legal entitlement to 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 service of the United States Armed Forces.

The Veteran's claims for service connection for acute myeloid leukemia and TDIU are being remanded due to the need for additional development regarding his exposure to ionizing radiation in service.

The Board found that the creation of an overpayment of $557.06 in education benefits payments was not proper and ordered restoration of that amount in reduced housing allowance.

The Board has determined that the Veteran's election for education benefits under the Post-9/11 GI Bill program in lieu of benefits under REAP was not irrevocable, and therefore grants the appeal.

The Board has determined that the termination of the Veteran's MGIB benefits was proper, and thus an overpayment of $190.13 was created. However, the appeal for a waiver of this overpayment is granted due to lack of fraud or bad faith on the part of the Veteran.

The Veteran's permanent and total disability evaluation was effective October 4, 2006. The appellant is the son of the Veteran who attained age 26 in December 1997 before this effective date. Therefore, he does not meet the eligibility criteria for Dependents' Educational Assistance (DEA) benefits under Chapter 35.

The Veteran's residuals of a tibial sesamoid fracture and bunionectomy of the left foot have been manifested by no more than a moderately severe foot disorder, which does not warrant an evaluation in excess of 20 percent.

The Board has remanded the case for further development, including a VA examination and consideration of the Veteran's claim for TDIU. The issues include service connection for skin problems/rashes to include as secondary to exposure to Agent Orange and entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's appeal for increased ratings and service connection was denied. The Board found that the residuals of a biopsy, granulomatous, buccal sulcus, on the right side of the mouth warranted only a 20 percent evaluation.

The Board has dismissed the appeal as the appellant withdrew his claim for an initial disability evaluation in excess of 10 percent for service-connected callused left foot.

The Veteran's service-connected left mid scapular myositis was rated at 20 percent effective April 13, 2004.

The Board has remanded the case for additional development due to insufficient evidence regarding the relationship between the Veteran's bilateral foot disorders and his service, including as possibly aggravated by a service-connected callosities disability.

The Board has determined that the Veteran's arteriosclerotic heart disease, which is service-connected, contributed to his death. Therefore, service connection for the cause of the Veteran's death is granted.

The Board denied the Veteran's claims for increased ratings and service connection, finding no evidence of a back disability related to military service. The Veteran withdrew his claim for asbestosis prior to decision.

The Board has identified new evidence that was not previously considered and has requested the RO to consider this evidence. The appeal is now remanded for further review.