Other conditions decisions — 2013

The Board has determined that the Veteran's mitochondrial myopathy was incurred in active service due to aggravation of a pre-existing condition.

The Board has determined that the Veteran's disability manifested by dizziness and loss of equilibrium was not caused or aggravated by a service-connected condition, nor is it otherwise related to service. As such, the claim for service connection is denied.

The Veteran's patellofemoral syndrome of the right and left knees were each assigned separate 10 percent disability ratings, effective January 6, 2011. The Veteran is currently in receipt of a 10 percent evaluation for his patellofemoral syndrome of the bilateral knees since that date.

The Board denied an evaluation in excess of 20 percent for the service-connected right foot, status post bunionectomy.

The Veteran's appeal is being remanded for a new VA examination to determine the current diagnoses of her hip disorders and their etiology, as well as any other pertinent information needed to decide her claim.

The Board found no current left leg disability and thus denied the claim for service connection.

The Board has remanded the case for a VA examination to determine the etiology of any diagnosed back disorder and whether it is at least as likely as not related to the Veteran's reported injury in service. The claim will be re-adjudicated after the examination.

The Board has reopened the Veteran's claim for service connection for a skin disorder and granted it on the basis of new evidence submitted since the last final denial. The claim is being considered on a direct service connection basis as AK (actinic keratosis) is not listed in the presumptive diseases under 38 C.F.R. § 3.309(e).

The Veteran died from nonservice-connected causes and was buried in a private cemetery. The appellant's claim for nonservice-connected burial benefits was received more than two years after the burial, which is outside of the statutory filing deadline.

The Veteran's claim for service connection of a right index finger disability is being remanded due to the need for additional development, including obtaining VA records and scheduling an examination.

The Board denied a waiver of recovery of an overpayment of disability compensation in the amount of $9,281.83 due to fault on the part of the Veteran and lack of undue hardship or defeat of purpose.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of qualifying service as per the service department's certification.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance is granted, with a rating of $3,327 per month effective as of June 18, 2002.

The Board has determined there is new and material evidence to reopen the claim of service connection for residuals of a back injury, which was previously denied in January 1986. The Veteran's current disability is considered as a residual of an injury incurred during his military service.

The Board has determined that the Veteran's current gastrointestinal disability, including peptic ulcer disease, is related to his active service and has granted his claim for service connection.

The Veteran's appeal seeking an increase in the rating for his left foot disability has been withdrawn.

The Veteran is not legally obligated to provide financial support to the appellant, and an apportionment of his VA benefits would constitute undue hardship on him.

The Board has determined that the Veteran's urinary incontinence is not related to his service-connected lumbar spine disability, and thus denied the claim for secondary service connection.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as there is no evidence of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Board found no evidence linking the Veteran's current skin disorder to his military service, including presumed exposure to herbicides in Vietnam. The skin condition was first diagnosed many years after service and is not considered a presumptive disease for Agent Orange exposure.