Other conditions decisions — 2013

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and scheduling a VA examination to assess the severity of his service-connected right leg/foot disability.

The Board finds that the appellant has no qualifying service and therefore does not meet the basic eligibility criteria for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's widow was receiving death pension and aid and attendance allowance, but her death benefits were paid through the end of December 2009. The Board finds that she is not entitled to payment for January 2010 as the effective date of discontinuance was the last day of the month before her death.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his right thumb disability.

The Veteran's active duty service did not meet the eligibility requirements for educational benefits under Chapters 30 and 32 of Title 38, United States Code. The claim is denied.

The Board has determined that the appellant did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces during World War II and therefore is not eligible for benefits under the Filipino Veterans Equity Compensation Fund.

The Board denied service connection for poison ivy and an initial rating in excess of 60 percent for CMV, finding that the evidence did not show a chronic disability manifested by these conditions. The decision also found no CUE.

The Board has remanded the case for further development, including obtaining medical records and scheduling an examination to determine the etiology of any current disability involving the left lower extremity.

The Veteran's claim for service connection for a right hand disorder is being remanded due to the need for further examination and consideration of his claims, including potential inconsistencies in his reported injuries.

The Veteran's claim for service connection for an innocently acquired psychiatric disorder was denied as there is no evidence of a pre-existing condition that became aggravated during service. The Veteran had a history of mental health issues prior to entering service, including borderline mental retardation and personality disorders.

The Board has determined that there is no current left leg disability for which service connection can be granted.

The Veteran's appeal is being remanded for additional development regarding his claims of service connection for a skin disorder and loss of teeth for compensation purposes. The RO/AMC must correct the procedural deficiency in addressing the unadjudicated issue of entitlement to service connection for loss of teeth for treatment purposes, and provide a VA examination to determine the nature and etiology of his skin complaints.

The Board finds that a skin condition of the face, including residuals of removal of multiple keratoses, was not incurred in or aggravated by active service and may not be presumed to have been incurred in service.

The Veteran's claim for an initial rating in excess of 40 percent for lumbago prior to June 27, 2011 was denied. The appeal is pending for a higher evaluation from that date forward.

The Veteran's claim for service connection for bilateral shin splints, as secondary to his service-connected chondromalacia patella of the knees, is being remanded due to inadequate examination and need for additional development.

The Veteran's claim for an initial compensable evaluation for a left zygoma fracture is being remanded due to the need for additional development, including a VA examination to assess the degree of impairment and displacement of the maxilla.

The Board denied the claim for service connection for the cause of the Veteran's death due to nasopharyngeal carcinoma, finding that it was not incurred in or aggravated by service and not presumed to be caused by exposure to herbicides used in Vietnam.

The Veteran's service connection claim for shortness of breath was denied as there is no objective evidence of a diagnosed respiratory condition.

The Board found that the Veteran's hiatal hernia did not have onset in service and was not caused or permanently aggravated by his active military service, thus denying his claim for service connection.

The Board has determined that the appellant did not have valid military service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces during World War II and therefore is not entitled to payment from the FVEC Fund.