Other conditions decisions — 2013

The Board has determined that the appellant does not have qualifying active service for VA benefits, and therefore is not eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal for special monthly compensation benefits based on the need for aid and attendance has been dismissed due to his death.

The Veteran's appeal is being remanded for additional development, including a VA examination and consideration of the evidence in his claims file. The issues include service connection for bilateral foot condition and bilateral shin splints.

The Veteran's claim for payment of unauthorized medical expenses for emergency room treatment received on October 15, 2010 is granted as he met all the criteria required under VA regulations.

The Veteran's claim for service connection for the loss of his two front upper teeth is denied as there is no evidence to support a direct service connection and he does not meet the requirements for service connection for outpatient dental treatment.

The Board found no evidence linking the Veteran's basal cell carcinoma to his military service, including sun exposure. The claim for service connection is denied.

The Board found that the Veteran's esophageal cancer was not incurred in or aggravated by his active duty service, including as due to herbicide exposure. The preponderance of credible evidence does not support a link between the Veteran's military service and his current condition.

The Veteran's delimiting date for Chapter 30 education benefits was properly set to January 1, 2010. The claim is denied as the evidence does not establish that he had a physical or mental disability preventing him from attending school during his basic eligibility period.

The Board has remanded the case to consider whether an increased rating for the Veteran's left middle finger disability is warranted under the diagnostic codes related to neurological conditions, including Diagnostic Code 8512. The case also requires a review of all relevant records pertaining to the Veteran's active military service.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for paralysis of the left seventh cranial nerve (Bell's palsy). The claim is therefore denied.

The Board denied the Veteran's claims for service connection for Addison's disease and an initial rating higher than 10 percent for GERD with history of hiatal hernia, finding that her Addison's disease was not causally or etiologically due to service.

The Veteran's SFW residuals of the right leg are rated at 10 percent since April 2, 2002. The claim for an evaluation in excess of 10 percent for SFW residuals to the left upper leg is denied.

The Board denied a waiver of an overpayment of DIC benefits due to the appellant's remarriage after her husband's death, finding no fault on her part and noting that repayment would not cause undue hardship.

The Board has ordered a remand due to the need for an updated VA examination and review of records, including Virtual VA records. The Veteran's claim for service connection for peptic ulcer disease will be reconsidered.

The Veteran requested to withdraw his appeal for an initial rating in excess of 10 percent for arthritis of the right hip.

The Veteran has been granted compensation for right peroneal nerve palsy resulting from a total knee replacement surgery in May 1997, as the condition is considered an additional disability due to VA medical treatment. The claim meets the criteria under 38 U.S.C.A. § 1151.

The Veteran's service-connected residuals of a left distal fibula fracture with open reduction and internal fixation are currently rated as 10 percent disabling, which is the maximum schedular rating available. The Board finds that his symptoms do not warrant an increased rating under any applicable diagnostic code.

The Board has determined that the appellant does not meet the basic eligibility requirements for entitlement to VA benefits as the Veteran's surviving spouse, and therefore denies her claim.

The Veteran's claims for service connection and a higher disability evaluation for his service-connected spina bifida of the sacrum are being remanded due to the need for additional examinations and clarification of medical opinions.

The Veteran's squamous cell carcinoma was not incurred in or aggravated by active service and it may not be presumed to have been incurred in service. The Veteran's PTSD is productive of no more than occupational and social impairment with an occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.