Other conditions decisions — 2013

The Board has determined that the appellant is not eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of recognized service in the United States Armed Forces.

The Board has determined that the Veteran did not serve in the Republic of Vietnam, and therefore cannot be considered a Vietnam veteran for purposes of receiving benefits under 38 U.S.C.A. § 1805 for spina bifida.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is not eligible for benefits from the Filipino Veterans Equity Compensation Fund.

The Veteran's treatment at the Akron General Medical Center was for a nonservice-connected condition. The VA denied reimbursement initially, but the Board found that the criteria for payment were met and granted the claim.

The Board found that the Veteran is competent to manage his own financial affairs, including the disbursement of funds, without limitation and restored his competency status for VA benefits purposes.

The RO denied the Veteran's claim for service connection for the residuals of bilateral bunionectomies, concluding that any current foot conditions were not related to his service-connected plantar wart.

The Board has remanded the case due to a scheduling issue for a hearing before the Board.

The appeal has been dismissed due to the appellant's death during the pendency of her appeal.

The Veteran's cause of death, brain cancer, is not service-connected as there is no evidence of a disability during or related to his military service.

The Veteran's service-connected right index finger extensor tendon sprain does not meet the criteria for a compensable rating as it has not resulted in a gap of one inch (2.5 cm.) or more between the fingertip and the proximal transverse crease of the palm, with the finger flexed to the extent possible or extension limited by more than 30 degrees.

The Veteran's Crohn's disease is rated at 60 percent, the maximum schedular rating for severe impairment with numerous attacks per year and malnutrition. The appeal for a higher rating is denied.

The Board found that the Veteran's residuals of transmetatarsal amputation of the toes of the right foot with osteomyelitis was not manifested during his active military service, is not shown to be causally or etiologically related to his active military service, and is not shown to be caused or aggravated by a service-connected disability. Therefore, service connection for this condition was denied.

The Veteran withdrew his appeal, resulting in the dismissal of the case.

The Veteran's claim for educational assistance benefits under the Montgomery GI Bill was denied as he did not meet the legal criteria to extend his delimiting period of eligibility.

The Veteran's right hip disability was granted a 60 percent rating effective July 5, 2013. The TDIU claim was also granted on the same date.

The Board denied the Veteran's claim for service connection for a bone marrow disability, including myelodysplasia, finding that there was no evidence of such condition during service and conflicting medical opinions regarding its etiology. The most probative evidence did not support a link to service.

The Board has remanded the case for further development, including obtaining SSA records and VA treatment records.

The Board found that the cause of the Veteran's death, metastatic carcinoid tumor, was not related to his military service or any service-connected disability. The exposure basis for this condition is presumed Agent Orange exposure.

The Veteran died of lung cancer, presumed to be caused by herbicide exposure in Vietnam. As his death was due to a service-connected disability, his surviving spouse meets the eligibility requirements for Chapter 35 Dependents' Educational Assistance.

The Veteran's claim for special monthly pension based on need for aid and attendance or being housebound is remanded due to the need to obtain additional records from SSA, VA, and private sources.