Other conditions decisions — 2013

The Board has determined that a VA examination is needed to determine the nature and etiology of any currently present diverticulitis and/or residuals of surgery performed to repair his claimed bowel rupture. The Veteran's service connection claims for these conditions are being remanded.

The Veteran's request for a waiver of overpayment of VA pension benefits was denied due to the claim being untimely. The Board has decided to remand the case for further action, including determining if the overpayment was properly created.

The Veteran's claim for service connection for TMJ syndrome was denied. The claims for increased ratings for PTSD, degenerative joint disease of the knees, and lumbosacral spine were also denied.

The Veteran's current marriage to L.M. is presumed valid, and she may be recognized as a dependent spouse for VA monetary benefits.

The Veteran's claim for service connection for chronic lymphocytic leukemia was granted with an effective date of April 19, 2004.

The Veteran has established his eligibility for a one-time payment from the Filipino Veterans Equity Compensation Fund based on verified qualifying service. The Board finds that the appellant is the Veteran he claims to be and concludes that legal entitlement to a one-time payment from the FVEC Fund is warranted.

The Veteran's claim for an increased rating for Bell's palsy of the left side was denied as there has been no residual loss of facial muscle function due to loss of innervation by the 7th cranial nerve.

The Board has denied the Veteran's claims for service connection for a bilateral eye condition and cataracts due to exposure to asbestos, finding that there is no evidence of a current disability related to military service.

The Board has remanded the case for additional development, including a VA psychiatric examination to determine if the Veteran's acquired psychiatric disorders are related to his service. The issues include determining whether the psychosis was first manifested during the first post-service year.

The Veteran's squamous cell carcinoma of the tongue is found to have developed as a result of herbicide exposure during active service in the Republic of Vietnam.

The Veteran's claims of service connection for left and right elbow disabilities have been denied as there is no evidence of a current disability other than what has already been service connected. The claim of service connection for a stress fracture of the right foot remains pending.

The Board has denied the Veteran's claim for service connection for a sinus disability, finding that there is no competent evidence relating acute episodic sinus complaints to service and the evidence most strongly supports a diagnosis of an allergic, rather than sinus, disorder.

The Veteran's increased rating claim for his left upper extremity shell fragment wound disability was denied due to his failure, without good cause, to report for a scheduled VA muscle examination.

The Veteran's heart disability was not shown during service and is not related to his active military service. The Board finds that the Veteran does not have a disability manifested by narrowing of arteries or any cardiac disability that is the result of disease or injury incurred in or aggravated during active military service.

The Veteran's cause of death, listed as cardiorespiratory arrest due to throat cancer, was not found to be related to his military service or any of his service-connected disabilities.

The Veteran's benign essential blepharospasm is as likely as not related to his military service, and the Board grants service connection for this condition.

The Veteran's dysthymic disorder with depressed mood was initially evaluated at 30 percent prior to August 12, 2010. The Board found that the disability did not warrant a higher evaluation as it caused occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.

The Veteran's service-connected residuals of right index, long, and ring fingers have been evaluated as noncompensable (0 percent) since February 7, 2008. The VA examiner found no ankylosis or loss of use of the right hand, but noted painful limited motion and deformity of the right index, long, and ring fingers.

The Board found that the cause of the Veteran's death, cardiomyopathy and Alzheimer's dementia, did not begin in service and is unrelated to his military service. The Veteran's service-connected disabilities did not contribute substantially or materially to his death.

The Veteran's right hand DJD is manifested by painful motion, but no ankylosis or limitation of motion has been shown. The current 10 percent rating adequately reflects the severity of his disability.