Other conditions decisions — 2013

The Board has determined that the appellant does not have recognized active military service as required to establish eligibility for Filipino Veterans Equity Compensation Fund benefits.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of qualifying military service as per VA regulations.

The Board denied the Veteran's claim for a one-time payment from the FVEC Fund due to lack of qualifying service, as determined by the National Personnel Records Center (NPRC).

The Board has determined that the appellant is not a Veteran and therefore ineligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The appeal has been withdrawn by the appellant before a decision was made.

The Board has remanded the case due to missing VA treatment records from the 1940s and current treatment records from various VA facilities. The Veteran's claim for reopening a service connection claim for a skin disorder is pending.

The Board finds that the appellant's application for a one-time payment from the Filipino Veterans Equity Compensation Fund was timely submitted, and grants this portion of his appeal.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The issue of entitlement to an increased disability rating for spondylolisthesis at L5-S1 remains pending.

The Veteran is granted service connection for ALS, as the evidence supports a diagnosis of this condition and there is no indication that it was caused by his own willful misconduct or due to factors unrelated to his military service.

The Board has determined that the appellant's husband did not have qualifying service as a member of the Philippine Commonwealth Army, including as a recognized guerrilla in the service of the United States Armed Forces. Therefore, he is not eligible for benefits under the FVEC Fund.

The Board denied service connection for an acquired psychiatric disorder, including schizoaffective disorder, finding that the condition did not manifest in service or to a compensable degree within the first postservice year and is not causally related to active service.

The Board finds that the appellant is entitled to recognition as the Veteran's surviving spouse for VA purposes, given their legal marriage and living arrangements prior to the Veteran's death.

The Board found that the Veteran's head injury in service was caused by his own willful misconduct due to alcohol intoxication, and thus denied his claim for service connection.

The Board found that nephrolithiasis did not begin during active duty or active duty for training, was not aggravated by service, and is not causally related to active duty. Therefore, the claim for service connection for nephrolithiasis was denied.

The Veteran does not have a current diagnosed disability or qualifying chronic disability manifested by fatigue, night sweats, and memory loss. The Board finds the weight of the competent and credible evidence shows that the Veteran does not meet the criteria for service connection.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed due to the Veteran's death during the pendency of the appeal.

The case is being remanded for the Veteran to be scheduled for a local hearing at the Manila RO.

The Veteran's service-connected disabilities are found to be sufficient to prevent him from securing and following substantially gainful employment, warranting a TDIU rating.

The Board found no evidence to support a connection between the Veteran's respiratory disability and his service, including service in the Southwest Asia Theater of Operations. The claim was denied.

The Veteran's service-connected reflex sympathetic dystrophy of the right lower extremity is currently rated at 40 percent, and the Board finds that this rating adequately reflects his current disability level.