Other conditions decisions — 2013

The Veteran's traumatic encephalopathy has been rated at 40 percent since September 10, 2012. Before that date, the evidence supports a 40 percent rating based on consistent cognitive impairment.

The Veteran's bilateral pes cavus with Achilles tendonitis has not resulted in the required symptoms to warrant a rating higher than 30 percent.

The Board has remanded the case for further development, including a review of medical opinions and an addendum to address whether service-connected residuals of cold injuries contributed to the Veteran's death.

The Veteran's claim for benefits under 38 U.S.C.A. § 1151 is denied because the treatment in question was not provided by a VA employee or at a VA facility, and therefore does not qualify for compensation.

The Board finds that the Veteran's atrial fibrillation is service connected as it likely began during his active duty in Iraq and continued after separation.

The Veteran's dental disability, manifested by missing teeth that can be restored with a suitable prosthesis, is rated at 0 percent. The current rating adequately reflects the severity and symptomatology of his condition.

The Board finds that the overpayment of nonservice-connected pension benefits was valid and denies the appeal.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is denied entitlement to a one-time payment from the FVEC Fund.

The Veteran's claim for service connection for a respiratory disorder, skin condition of the back and chest, and tooth loss was denied as these conditions are not related to his military service or exposure to contaminated water at Camp Lejeune.

The Veteran's service does not meet the basic criteria for eligibility to nonservice-connected pension benefits as he did not serve during a period of war.

The Board has determined that the Appellant is not entitled to recognition as the Veteran's surviving spouse for VA death benefits purposes due to her divorce from the Veteran in May 1987, which occurred more than 20 years before his death.

The Board has dismissed the appeal because the RO issued a decision retroactively granting a higher monthly rate of $1,436.00 effective February 1, 2012 based on medical expenses totaling $45,416.00.

The Board has determined that there has not been substantial compliance with one of the remand directives and the appeal must be again remanded due to the need for additional development, including a VA examination.

The Board found that the Veteran's current bilateral hip disabilities of AVN and DJD are not related to his service, thus denying his claim for service connection.

The Board found that the overpayment of VA educational assistance benefits was validly created due to a fraud scheme perpetuated by all 60 veterans enrolled at Ramon Magsaysay Technological University (RMTU), including the Veteran who is the subject of this decision.

The Board has remanded the claims for additional development due to incomplete records and failure to provide a VA examination.

The Veteran's claim for an increased disability rating for her service-connected residuals of a fracture coccyx with sacroiliac and symphysis pubis strain is being remanded to allow for additional development, including obtaining medical records and determining the extent of any incapacitating episodes.

The Veteran's service-connected right hip disability is currently rated at 10 percent, and the Board finds that it does not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The appellant's deceased spouse did not have the required service to be considered a veteran, thus denying legal entitlement to death benefits and one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has determined that the Veteran's left foot disorder pre-existed service and was not aggravated by military service, thus granting service connection on a presumptive basis.