Other conditions decisions — 2013

The Board finds that the appellant does not have qualifying service for the purpose of receiving a one-time payment from the Filipino Veterans Equity Compensation Fund, and therefore denies legal entitlement to such benefits.

The Board has determined that the appellant does not have legal entitlement to a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of recognized service in the U.S. Armed Forces.

The Board has determined that the appellant does 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 is not legally entitled to a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has determined that the evidence received since the March 2004 rating decision is not new and material, and thus does not warrant reopening of the claim for service connection for the cause of the Veteran's death.

The Board has remanded the case for a Travel Board hearing due to the appellant's request. The appeal is not about service connection and thus does not specify conditions or issues.

The Board has determined that service connection is granted for ulcers, cysts, lesions and/or ganglion of the face as secondary to the Veteran's service-connected vitiligo and pseudofolliculitis barbae.

The Veteran's initial claim for a higher rating for residuals of a pilonidal cyst was denied. The Board found that the residuals did not warrant an evaluation in excess of 10 percent prior to October 23, 2008 and granted a 20 percent rating effective February 1, 2009.

The Board found that the Veteran's right nephrectomy was not caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA. The Veteran does not have an additional kidney disability as a result of his right nephrectomy.

The Board has determined that the Veteran's cause of death was not related to his period of active service, and thus denied the claim for service connection for the cause of the Veteran's death.

The Board denied the Veteran's claims of service connection for peripheral vascular and cardiovascular diseases, finding no evidence linking these conditions to his military service.

The Board denied the Veteran's claims for service connection for cognitive impairment and memory loss, as well as her request for an earlier effective date for a 40 percent rating for fibromyalgia. The Board found that there were no objective clinical indications of cognitive impairment and memory loss attributable to military service or undiagnosed illnesses. It also denied the claim for an earlier effective date for the 40 percent rating for fibromyalgia, finding it was not factually ascertainable prior to June 23, 2006.

The Veteran's appeal is remanded for additional development, including obtaining updated VA treatment records and arranging a new VA examination to assess the severity of her service-connected right thumb laceration.

The Veteran's laryngeal cancer was not found to be related to service, including presumed exposure to herbicide agents. The Board determined that the claim should be denied.

The Veteran's left total hip replacement is rated at 70 percent since October 1, 2008, due to severe painful motion and weakness necessitating the regular use of a cane for ambulation.

The Board finds that the Veteran's non-cardiac chest pain is at least as likely as not related to his service-connected multiple laceration wounds and postoperative scars of the anterior chest wall. The Veteran's shortness of breath and stomach and bowel disability are also found to be secondary to his service-connected conditions.

The Veteran's claim for an evaluation in excess of 20 percent disabling for his chronic gastrointestinal disability from July 1, 1961, to September 26, 1994 is being remanded due to the need for additional development.

The Veteran's chronic prostatitis and urethritis are currently rated at 40 percent, the maximum rating available under VA regulations. The Board found that the disability does not meet or approximate criteria for a higher rating based on voiding dysfunction.

The Veteran's countable annual income for VA pension purposes exceeds the maximum annual income limit for receipt of payment for nonservice-connected disability pension benefits, thus denying his claim for nonservice-connected pension.

The Board denied the Veteran's claims of service connection for a skin disorder of the groin, left knee disorder, and prostatic hypertrophy. The examiner found no current diagnosis of a skin disorder of the groin area.

The Veteran's adjustment reaction with anxious mood has been characterized by nightmares, intrusive thoughts, and anxiety, which are mostly controlled with medication. The Board finds that the current rating of 10 percent is appropriate given the severity of his condition.