Other conditions decisions — 2013

The Veteran's competency for direct receipt of VA compensation benefits was restored in a May 2012 rating decision, and the appeal is dismissed as moot.

The Veteran's claim of entitlement to a higher disability rating for his gunshot wound residuals was granted, with the effective date being the date of the June 1968 decision. The initial 30% rating is now increased to 50%, reflecting severe muscle damage.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Veteran's child, the appellant, is denied VA death benefits as she did not meet the eligibility requirements based on her age at the time of filing the claim.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, Social Security Administration records, and scheduling a VA examination. The issues of entitlement to a compensable evaluation for attention deficit-hyperactivity disorder - primarily hyperactive type and TDIU are also being addressed.

The Board found that the appellant did not have qualifying service to qualify for a one-time payment from the Filipino Veterans Equity Compensation Fund, and thus denied the claim.

The claimant's service is not recognized as qualifying for the one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of official documentation.

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, she is denied entitlement to a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of qualifying service, as determined by the National Personnel Records Center (NPRC).

The Board denied service connection for a disorder of the eyes (claimed continuous irritation of the eyes) as there was no evidence linking it to service, and the Veteran's current condition is not related to his in-service conjunctivitis.

The Board has determined that the issue of whether the adjustment of disability pension for the period from February 2006 to January 2007 was valid, thereby creating an overpayment in the amount of $1,008.00, is dismissed due to a waiver granted by VA's Debt Management Center.

The Board has remanded the case for additional development, including scheduling a VA examination and obtaining updated medical records. The Veteran's claim will be reconsidered based on the new evidence.

The Veteran withdrew his appeal for an increased rating for residuals of herniated nucleus pulposis of L5-S1 with right-sided radiculitis.

The Board finds that the Veteran's residuals of tonsil cancer, status-post tonsillectomy, is related to his active service exposure to environmental hazards such as jet fumes and oil fires during his service in the Southwest Asia theater of operations. The claim for service connection is granted.

The Board denied the Veteran's claims for service connection for metastatic squamous cell carcinoma of the left extremity, finding no evidence linking the condition to his military service or exposure to herbicides. The claim was also not granted for purposes of accrued benefits.

The Board found that the Veteran's right hand disability was not incurred in or aggravated by service and denied his claim.

The Board denied the appellant's claim for status as a veteran due to lack of qualifying service, and thus denied his entitlement to VA benefits.

The Board has granted service connection for a cardiac disability as secondary to the service-connected bilateral varicose veins and/or the service-connected psychiatric disability.

The claim for service connection for the cause of the Veteran's death was denied due to lack of evidence linking his death to his active duty. The appellant is not eligible for nonservice-connected death pension benefits as she does not meet the net worth requirements and her income exceeds the maximum annual pension rate. There were no claims for accrued benefits pending at the time of the Veteran's death.