Other conditions decisions — 2013

The Board determined that the overpayment of $7,162.50 was not properly created due to the Veteran's failure to report his marriage and subsequent divorce in a timely manner. The Board found that the Veteran had partial fault for the creation of the debt but also noted some fault on VA's part. As such, recovery of the overpayment would be against principles of equity and good conscience.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of qualifying service in the United States Armed Forces.

The Board found that the Veteran does not have a current diagnosis of thrombophlebitis, left leg and therefore denied service connection for this condition.

The Veteran withdrew his appeal for the claim of entitlement to service connection for an atrophic right testicle.

The Veteran's initial ratings for right hip Legg-Calve-Perthes disease, right leg shortening, and surgical scars of the right hip have been granted by the RO in Waco, Texas. The initial rating assigned is 10 percent for each condition.

The Board denied the claim for one-time payment from the Filipino Veterans Equity Compensation Fund as the appellant does not have recognized active military service for the purpose of obtaining the benefit.

The National Personnel Records Center has certified that the appellant had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, the appellant does not meet the eligibility criteria for a one-time payment from the FVEC fund.

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 United States Armed Forces. Therefore, he is not considered a 'Veteran' for VA compensation purposes and his claim for one-time payment from the FVEC Fund was denied.

The Veteran's service treatment records show complaints of red, dry, itchy eyes during service and a diagnosis of conjunctivitis. However, her current diagnosed condition is refractive error of the eye, which is not considered a disability for VA compensation purposes due to lack of evidence of an in-service injury or aggravation by superimposed disease or injury.

The Board denied the claim for dependency and indemnity compensation under 38 U.S.C.A. § 1151 due to VA medical treatment, concluding that the Veteran's death was not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board has found that the Veteran met all criteria for retroactive induction into a program of vocational rehabilitation training under Chapter 31, including being within his twelve-year basic period of eligibility and having a serious employment handicap due to service-connected disabilities. The Latin course he audited was reasonably needed to achieve increased independence in family and community activities.

The Veteran's right wrist disability is currently rated at 30 percent, and the Board finds that a higher rating is not warranted based on the current evidence of record.

The Board finds that the Veteran does not have current throat or ear disabilities and thus, service connection for these conditions cannot be granted.

The Veteran's claim for an increased rating for chronic back strain was denied as his disability did not meet the criteria for a higher evaluation due to lack of unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran's claims for increased ratings were denied as the residuals of a fracture of the sternum did not warrant a compensable rating, and the paresthesia of the right infraorbital branch of the fifth cranial nerve was only rated at 10 percent.

The Board found that the Veteran's cause of death, end-stage AIDS with severe malnutrition, was not caused or substantially and materially contributed to by any service-connected disability. The fibrosis of the lungs and gastric antrum were determined to be unrelated to his military service.

The appeal is REMANDED for further development, including obtaining clarification of funeral/burial expenses and obtaining private hospitalization records. The issues of DIC benefits and death pension benefits remain in need of initial review by the RO.

The Board has determined that the Veteran's enlarged prostate is not etiologically related to active service and denied his claim for service connection.

The Veteran's lung disability claim and TDIU claim are being remanded for additional development, including obtaining service treatment records from his reserve duty period. The Veteran is ultimately responsible for providing the evidence.

The Board has remanded the case for additional development, including obtaining a VA addendum opinion from the June 2012 VA examiner regarding the left eye cornea injury. The Veteran's claim will be reconsidered based on the new evidence.