Other conditions decisions — 2013

The Veteran's mesothelioma, which is of service origin, was the principal cause of his death. The Board finds that the Veteran's active service, including exposure to asbestos, contributed to the development of his mesothelioma and thus meets the criteria for service connection for the cause of the Veteran's death.

The Board has granted service connection for dorsal scapular nerve disability of the right shoulder and assigned an initial 10 percent rating, effective December 2, 2010. The Veteran's symptoms include subjective pain and numbness with mild motor weakness in his right upper extremity.

The Veteran is seeking payment or reimbursement for unauthorized medical expenses incurred at a non-VA hospital in April 2010. The claim was denied due to untimeliness of the October 2010 claim form submission. Additional documents need to be obtained and associated with the claims file before further action can be taken.

The Veteran withdrew his appeal for the issues of service connection for multiple myeloma and soft tissue sarcoma prior to a decision being made.

The Veteran's residuals of a fractured mandible were evaluated as noncompensable prior to November 21, 2011. Since then, the disability has been rated at 10 percent.

The Veteran's service-connected right and left hip disabilities are currently rated at 10 percent each, with no higher ratings warranted based on the current evidence of record.

The Board has remanded the case for additional development, including obtaining missing records and addressing the validity of the overpayment of Post 9/11 GI Bill (Chapter 33) benefits in the amount of $1,719.30.

The Veteran's appeal is remanded to obtain additional evidence and schedule a VA examination. The Veteran seeks an increased rating for his service-connected right knee disability following total knee replacement.

The Board denied the claim for one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of recognized active military service for purposes of obtaining the benefit.

The Board found no evidence of a current neurological disability affecting the bilateral feet, hips, thighs, and lower back. The Veteran's claimed nerve damage was not present during service or within one year after separation from service. The VA examiner did not find any link between the service-connected prostate cancer and the diagnosed neurological condition.

The Board has remanded the case for additional development, including obtaining service treatment records and VA examination. The Veteran's claims for service connection for a foot disorder and bilateral leg pain will be reconsidered after all relevant evidence is obtained.

The Board has determined that there is insufficient evidence to determine the character of appellant's discharge and whether it should be considered a bar to VA Loan Guaranty eligibility. The case is being remanded for further development.

The Veteran's service-connected post-operative fulguration of the urethra and bladder was found to have rendered him unable to secure or follow a substantially gainful occupation prior to April 30, 2008. The effective date for his TDIU award is set at May 30, 2007.

The Board has remanded the case for additional development, including obtaining VA treatment records from prior to August 1999. The Veteran's claim of entitlement to service connection for a right foot disability remains pending.

The Veteran's claims for increased ratings for his service-connected cold injury residuals and TDIU are being remanded due to the need for additional development, including obtaining medical opinions regarding the severity of his PVD.

The Board has determined that the appellant does not have service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the Armed Forces of the United States. Therefore, the requirements for eligibility to a one-time payment from the FVEC Fund are not met.

The Board found that the appellant's character of discharge was due to willful and persistent misconduct, not insanity. As a result, his OTH discharge is considered dishonorable for VA purposes and bars him from receiving VA benefits.

The Board found that the Veteran's skin disability of the lower legs is not related to his service, including presumed herbicide exposure in Vietnam. The claim for service connection was denied.

The Veteran seeks service connection for HIV, which he claims was contracted in-service. The Board finds that a VA examination and etiology opinion are necessary to determine the nature and etiology of his HIV.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his heart condition and an evaluation of his employability due to service-connected disabilities.