Other conditions decisions — 2013

The Board has determined that the Veteran's ulcerative colitis and complications are proximately due to his service-connected posttraumatic stress disorder (PTSD).

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining a one-time payment from the Filipino Veterans Equity Compensation Fund, and therefore is denied legal entitlement to such payment.

The Veteran's patellofemoral syndrome of the right and left knees have been granted a 10% rating, effective from May 1, 2004. A separate noncompensable rating for mild instability in the left knee has also been granted.

The Veteran has been shown to currently have a tear of the anterior/superior labrum that is related to his active service, and therefore, service connection for residuals of a muscle injury of the right leg is granted.

The Veteran's prostate disability with impotence and colon polyps are being remanded for further development, including a medical opinion on whether these conditions are related to his military service or herbicide exposure.

The Board has determined that the Veteran does not have a current acquired psychiatric disorder and therefore, service connection cannot be granted for this condition. The claim is denied.

The Veteran is seeking an effective date earlier than December 1, 2003, for the grant of a 100 percent schedular rating for service-connected ventral hernia with colostomy. The Board denied this claim as there was no entitlement to a higher rating before that date.

The Veteran's paternal grandfather status does not qualify CD as a dependent child for purposes of additional compensation due to the lack of legal adoption or stepfather relationship.

The Veteran's service-connected residuals of the fractured transverse process at L4 are currently rated as 10 percent disabling, reflecting forward flexion limited to less than 85 degrees but more than 60 degrees.

The Veteran's claim for an increased rating for his postoperative residuals of a rectal fistula is being remanded due to the need for additional medical examination and review of all relevant evidence.

The Veteran's child is seeking an extension of the delimiting date for Dependents' Educational Assistance (DEA) benefits beyond May 16, 2009. The appeal is currently remanded to ensure all relevant records are associated with the claims file and the delimiting date is properly established.

The Board has determined that the appellant is not a veteran and therefore ineligible for benefits from the Filipino Veterans Equity Compensation Fund.

The Board has denied the Veteran's claims for service connection for residuals of right bunionectomy with 5th metatarsal head osteotomy, increased ratings for diabetes mellitus and peripheral neuropathy of the left lower extremity associated with diabetes mellitus, limitation of motion of the right ankle, GSW scars on the right lower extremity, and TDIU.

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

The Veteran's sole service-connected disability is rated at 70 percent, meeting the percentage requirement for a TDIU. However, his right eye vision loss does not meet the criteria for legal blindness and there is no evidence that it precludes him from obtaining or maintaining substantially gainful employment.

The Board found that the Veteran's cause of death, Acute Myeloid Leukemia (AML), was not service-connected as there is no evidence linking it to his military service or any service-connected condition.

The Board found that the Veteran's failure to inform VA about his September 2009 incarceration resulted in an overpayment of $10,755.33. The Board determined this debt was valid and not created due to fraud, misrepresentation or bad faith on the part of the Veteran. However, repayment would be against equity and good conscience as it would deprive him of basic necessities.

The Board denied the appellant's claims for accrued benefits, non-service connected pension benefits, and an earlier effective date for DIC benefits due to lack of legal merit.

The Board has granted service connection for ischemic heart disease with congestive heart failure on a presumptive basis as a result of herbicide exposure, and for chronic dyspepsia (gastric disorder) based on evidence in the Veteran's service treatment records.

The Board found that the Veteran's accessory navicular left foot is a congenital defect not subject to service connection as it was not due to or aggravated by an event, disease, or injury incurred during active service.