Other conditions decisions — 2013

The Board has remanded the case due to the need for additional development, including obtaining private medical records and providing an addendum opinion regarding the etiology of the Veteran's bilateral foot condition.

The Board found that the Veteran's skin disability was not incurred in or aggravated by active service and may not be presumed to have been so incurred or aggravated due to herbicide exposure.

The Veteran's claim for service connection for removal of the gall bladder, as secondary to a service-connected disability was dismissed due to his death during the appeal process.

The Veteran's insomnia is service-connected, but his PTSD and dementia are not.

The preponderance of the evidence shows that, prior to October 23, 2008, the Veteran's brain disease residuals have manifested solely by subjective complaints of headaches and dizziness. Therefore, his claim for a higher disability rating is denied.

The Veteran is seeking service connection for malaria, including any residual symptoms. The case has been remanded due to the need for additional medical examination and testing.

The Veteran's appeal is remanded for additional development, including a VA examination to determine if his jaw disorder is secondary to his service-connected disabilities.

The Veteran's claim for service connection for residuals of removal of the stomach and gallbladder due to a gastrointestinal tumor, claimed as due to exposure to ionizing radiation, is being remanded for additional development. The VA will request a dose estimate from the appropriate office of the Department of Defense regarding the Veteran's in-service exposure to ionizing radiation.

The Veteran's degenerative muscle disease and neuropathic pain are determined to be the result of his service-connected cervical spine injury, not related to the flu and tetanus shots. The claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for the merits of the claim.

The Board dismissed the appeal due to the death of the appellant, the Veteran's spouse.

The Veteran withdrew his appeal regarding the effective date for a total disability rating based on individual unemployability (TDIU). The Board has dismissed this issue.

The Veteran's right foot injury residuals with calcaneal spur are currently rated at 30 percent, the maximum available rating under DC 5284. The Board finds that a higher rating is not warranted as there is no evidence of actual loss of use of the foot.

The Board has determined that the appellant does not have the requisite service to establish eligibility for payment from the Filipino Veterans Equity Compensation Fund, and thus his claim is denied.

The Board has determined that the appellant does not have qualifying service to be eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal is being remanded to obtain additional medical evidence and a VA examination. The issues are whether she has current residuals of her right foot fracture from service, and if she currently has shin splints or their residuals.

The Board denied the appellant's claim for eligibility to a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Veteran's claim for a waiver of an overpayment in the amount of $25,610 is being remanded due to his request for a Board hearing. The appeal will be returned to the RO after scheduling the hearing.

The Board has determined that the Veteran's TMJ syndrome is related to injuries sustained during service, and thus grants service connection for this condition.

The Veteran's abdominal diastasis is considered a reasonably foreseeable complication of his left renal surgery performed by VA in August 1986, and the Board finds that it was not caused by fault on the part of VA.