Other conditions decisions — 2013

The Board denied the claim for benefits under 38 U.S.C.A. § 1805 for disability due to spina bifida, as no provider assigned a diagnosis of spina bifida.

The Veteran's income exceeded the maximum annual pension rate for non-service-connected disability pension benefits prior to August 1, 2009.

The Veteran's appeal is denied as he does not meet the criteria for a benefits payment rate higher than 40 percent for educational assistance under Chapter 33 (Post 9/11 GI Bill), Title 38 of the United States Code due to insufficient creditable service and discharge from honorable service.

The RO determined that the claimant did not have qualifying service to be eligible for a one-time payment from the FVEC Fund.

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

The Board has determined that the claimant does not meet the basic eligibility requirements for a one-time payment from the FVEC Fund due to lack of service in the United States Armed Forces. As such, the appeal is denied.

The Board has determined that the appellant is not a veteran under applicable United States law, and therefore ineligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran died of sepsis and aspiration pneumonia, but was not in receipt of service-connected compensation or nonservice-connected pension benefits at the time of his death. Therefore, he is ineligible for VA burial benefits.

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, he is not eligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has determined that the appellant's service was not deemed to have been active military service with the Armed Forces of the United States for the purpose of establishing entitlement to a nonservice-connected disability pension. As such, the RO concluded that an administrative error had occurred and the appellant's nonservice-connected pension was terminated. The case is now being returned to the RO for further action.

The Veteran's request for a waiver of recovery of an overpayment of VA non-service-connected pension benefits in the amount of $4,072.00 was denied due to fault on the part of the Veteran and lack of undue hardship.

The Board found no evidence linking the Veteran's current eye disorder, age-related macular degeneration, to his military service and denied his claim.

The VA determined that the Veteran's respiratory disorder is not related to his military service, including exposure to asbestos or Agent Orange.

The Veteran's PFB has been rated at 30 percent disabling, effective from December 2005.

The Board has determined that it is as likely as not that the Veteran's IgA nephropathy began during service, and therefore grants service connection for this condition.

The Board finds that the Veteran's esotropia and amblyopia pre-existed entrance to active duty, did not permanently increase in severity beyond the natural progression of the diseases in service, and there is no evidence of superimposed eye injury or disease. The evidence does not support a finding that the Veteran has a vision disorder that had its onset in or is otherwise related to his military service.

The Veteran's disability rating for Hodgkin's disease status-post stem cell transplant was reduced from 100% to 20%, effective July 1, 2009. The Board found the reduction improper and restored the original 100% rating.

The Board has determined that the Veteran's craniotomy residuals meet the criteria for a disability rating of 40 percent, effective from February 10, 2011 through July 18, 2012.

The Board has denied the Veteran's claim for special monthly compensation (SMC) based on loss of use of the right foot. The issue remains inapplicable as it does not involve service connection.

The Veteran's appeal is being remanded for additional development, including a VA examination to clarify the severity of his service-connected residuals of a shell fragment wound to the right chest and whether separate ratings are warranted. The hearing on appeal for service connection for a hearing loss disability and tinnitus has been granted.