Other conditions decisions — 2013

The Board found that the Veteran does not have a current left hip disorder and therefore denied his claim for service connection.

The Veteran's service-connected dermatographia has been manifested by recurrent episodes occurring four or more times a year and has responded to treatment with antihistamines; the Board granted an increased rating of 10 percent for his skin disability.

The Board found that the overpayment was not solely due to VA administrative error and denied a waiver of recovery, as the appellant's actions contributed to the creation of the debt.

The Veteran's service-connected heart disorder, including aortic valve replacement and mitral insufficiency with aortic involvement and organic heart murmur, has exhibited a workload of greater than 10 METs (metabolic equivalents), left ventricular dysfunction with an ejection fraction of greater than 50 percent; no history of acute or chronic congestive heart failure. The Veteran's current disability rating of 30% is appropriate based on these findings.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination with a maximum oxygen consumption test.

The Board denied the appellant's claim that his character of service is not a bar to VA benefits, as his discharge was under other than honorable conditions following conviction in a general court-martial.

The Board found that the Veteran's service-connected residuals of a left hip injury did not meet the criteria for a compensable disability rating prior to March 28, 2013 and as 10 percent disabling from that date. As of March 28, 2013, the disability has not manifested as impairment warranting a higher rating.

The Board has determined that the appellant's late husband did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he does not qualify for VA death benefits.

The Board found that the appellant did not have qualifying service as a member of the Philippine Commonwealth Army or recognized guerrilla service, and therefore, is not eligible for benefits from the Filipino Veterans Equity Compensation Fund.

The Board found that the overpayment was solely due to VA administrative error and granted the Veteran's appeal, finding the debt invalid.

The Board has granted the Veteran's claims for increased ratings for cold injury residuals of the bilateral lower extremities and assigned effective dates. The claim for an earlier effective date for PTSD service connection remains pending.

The Board has determined that the Veteran's lung disability is at least as likely as not caused by his asbestos exposure during service, and thus grants service connection for a lung disability.

The Board found that the Veteran's squamous cell carcinoma of the left lower lip is not related to his active service, including any exposure to mustard gas or other chemicals.

The appellant is recognized as the Veteran's surviving spouse for purposes of establishing eligibility for DIC, death pension, and accrued benefits.

The Veteran's appeal is being remanded for additional development of his claims, including a VA examination to assess the severity and manifestations of his service-connected right and left foot injuries. The issues of increased evaluations and TDIU are inextricably intertwined.

The Veteran's claim for an increased rating for his service-connected residuals of a pelvic fracture is being remanded due to the need for additional development, including consideration of specific residuals as outlined in 38 C.F.R. § 4.67.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and requesting an addendum opinion from a VA examiner to address whether the Veteran's current diagnoses are related to his in-service spinal meningitis.

The Board found 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, he is not considered a Veteran for purposes of receiving a one-time payment from the FVEC Fund.

The Board found that the Veteran's service-connected residuals of a cold injury to both lower extremities are currently rated at 30 percent each, and thus denied his claims for increased evaluations.

The Veteran's recurrent MRSA was related to service and the Board granted service connection for this condition.