Other conditions decisions — 2013

The appellant does not have qualifying active military service as a member of the Philippine Commonwealth Army, including recognized guerrilla service, in the Armed Forces of the United States. Therefore, he is ineligible for VA benefits from the Filipino Veterans Equity Compensation Fund.

The RO has denied the appellant's claim for one-time payment from the FEVC Fund. The case is being remanded due to an omitted letter.

The Board has determined that the Appellant does not have the requisite service to establish entitlement to a one-time payment from the Filipino Veterans Equity Compensation Fund, as her purported military service was not verified by the United States service department and she did not meet the requirements for acceptance of evidence.

The Board found that new and material evidence has not been presented to reopen the Veteran's previously denied claim of service connection for an intracranial injury. The decision is denied.

The Board has determined that the Claimant does not meet the legal requirements for obtaining a one-time payment from the FVEC Fund, and thus his claim is denied.

The Veteran's right hip disability is rated at 10 percent under the General Rating Formula for Diseases and Injuries of the Hip, but does not meet criteria for a higher rating based on limitation of motion or other factors. The appeal is denied.

The Board finds that the appellant does not have qualifying service and therefore cannot establish basic eligibility for VA benefits.

The Board denied the Veteran's claims for service connection for chest palpitations and pain, increased evaluations for cervical spine disability, back disability, left knee disability, left ankle disability, hemorrhoids, and right ear hearing loss. The decision also noted that his service-connected disabilities did not preclude him from securing and maintaining all forms of substantially gainful employment.

The Board has determined that the grant of service connection for cough/shortness of breath due to undiagnosed illness, status post uvuloplasty was clearly and unmistakably erroneous because the evidence did not show a compensable evaluation for a respiratory disorder within two years of the Veteran's last service in the Southwest Asia theater. The current findings attribute the Veteran's respiratory symptoms to chronic obstructive pulmonary disease caused by his post-service employment as a painter.

The Board found that the Veteran's additional disability, blindness in the right eye, was not caused by VA carelessness, negligence, or similar instance of fault. The proximate cause was deemed to be an event not reasonably foreseeable.

The Veteran's service-connected right knee disability, prior to September 10, 2012, is not shown to meet the criteria for a rating in excess of 10 percent due to limitation of motion or instability. The Veteran's right total knee replacement beginning on September 10, 2012, warrants a 30 percent evaluation.

The Board has determined that the Veteran does not have a current diagnosis of arthritis of the right hip or multiple joints, and there is no evidence to support service connection for these conditions on a direct basis.,Regarding bilateral shin splints, the VA examiner noted that there was no evidence of shin splints in the claims file.

The Board found that the Veteran's claimed disabilities are not service-connected, as they were not incurred or aggravated by active service and do not qualify for presumptive service connection due to an undiagnosed illness.

The Veteran's initial noncompensable ratings for status post left femoral shaft fracture - closed, post right hamstring muscle tear, and right hip strain/sprain have been granted effective July 23, 2003. Effective December 30, 2002, a 20 percent rating was assigned for the status post left femoral fracture and a 10 percent rating was assigned for the right hip strain/sprain. These ratings were discontinued effective May 1, 2006, due to the Veteran's return to active duty and resumed effective July 1, 2007. A separate noncompensable rating for limitation of extension of the right thigh was granted effective December 20, 2005.

The Veteran's appeal was denied as there is no evidence of a sinus or breathing disorder in service, and the current condition is not related to his military service.

The Veteran's appeal is being remanded due to the need for additional evidence and a VA examination.

The Board has remanded the case for a separate evaluation of service-connected left ventricular hypertrophy, but did not assign a rating. The AMC issued an SSOC stating that service connection is not warranted for left ventricular hypertrophy.

The Veteran's claim for service connection for chronic myelogenous leukemia (CML) is being remanded due to the need for additional medical opinions regarding potential exposure during active duty and its relation to CML.

The Board has determined that the Veteran's gastrointestinal disability was not incurred in or aggravated by service, and denied her claim. The issue of chronic vaginal infections is remanded for further development.

The Board has ordered a new VA examination to clarify the nature and etiology of the Veteran's claimed neurologic condition, including whether it is related to service-connected low back disability or diabetes.