Other conditions decisions — 2013

The Board denied the appellant's claim as he did not have service in the Philippine Commonwealth Army or a recognized guerrilla unit in service of the United States Armed Forces during World War II, and thus is not eligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal for a disability rating greater than 10 percent for her service-connected residuals of a right foot injury was denied. The Board found that the evidence did not support granting an increased rating.

The Board has remanded the case due to insufficient evidence to decide whether the Veteran's thoracic spine disability is caused or aggravated by his service-connected cervical and lumbar spine disabilities. Further development is needed.

The Board has determined that the Veteran's claim for an earlier effective date for TDIU prior to December 17, 2007 was denied due to a lack of proper referral to the Director of Compensation and Pension Service for consideration on an extra-schedular basis.

The Veteran's appeal for increased ratings and special monthly compensation was denied. The Board found that the evidence did not support an increase in disability rating for duodenal ulcer with gastrointestinal neurosis, nor did it meet criteria for special monthly compensation based on need for aid and attendance or housebound status.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking his death to his active service or any pre-existing condition.

The Veteran's appeal is remanded due to the need for further development, including obtaining a VA examination.

The Veteran's persistent cough, diagnosed as bronchiectasis, is considered to be related to his service in the Southwest Asia theater of operations during the Persian Gulf War. Service connection for this condition is granted.

The Veteran's appeal is being remanded to obtain updated VA treatment records, review his participation in a VA therapy program, and schedule him for a psychiatric examination. The issue of TDIU is also raised by the record.

The Veteran's death was caused by congestive heart failure, and he had been continuously rated as totally disabled for the five-year period after his discharge from service. Therefore, DIC benefits are granted under 38 U.S.C.A. § 1318. The claim of establishing service connection for the cause of the Veteran's death is dismissed.

The Board has granted extensions of convalescence periods for the Veteran's service-connected bilateral hammertoe deformity, allowing him to continue receiving a temporary total rating until September 30, 2009 and January 30, 2010.

The Veteran's claim for a compensable rating for his service-connected right inguinal hernia is being remanded due to the need for additional examination and consideration of new evidence.

The Veteran claims service connection for an arachnoid cyst, which he contends is related to a blast injury sustained during active duty. The Board finds the claim remanded due to insufficient medical evidence on file and the need for a VA examination.

The Board denied the Veteran's claim for a one-time payment from the FVEC Fund as he did not meet the criteria to be considered an eligible person under the Act.

The Veteran is seeking service connection for his right foot condition, which he claims is secondary to a service-connected above-the-knee amputation of the left lower extremity. The case has been remanded due to the need for a videoconference hearing.

The Board finds that the Veteran's non-Hodgkin's lymphoma is likely related to his period of active duty, including exposure to herbicides.

The Board found that the overpayment was properly created and denied the Veteran's appeal. The Court vacated this decision, remanding for further consideration.

The Veteran's appeal for a higher rating for impingement of the left ilioinguinal nerve by scar tissue from left inguinal herniorraphy has been fully granted, effective November 17, 2011. The appeal is dismissed as a result.

The Veteran's claim for a TDIU is being remanded due to the need for additional examinations and development of his employment history.

The Board determined that the reduction of the Veteran's disability evaluation from 60% to 10%, effective July 1, 2007, was improper. The Veteran is now rated at 60% for his service-connected spermatocele with bilateral testalgia and recurrent hematuria. He also meets the criteria for a TDIU due to his unemployability caused by this condition.