Other conditions decisions — 2013

The Board found that the appellant did not meet the requirements to be recognized as the Veteran's surviving spouse due to a lack of evidence showing cohabitation and residency at her address.

The Board denied the appellant's claim for legal entitlement to the one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of qualifying service with the United States Armed Forces.

The Board has found that the Veteran's low back disability is as likely as not related to his active service, and thus grants service connection for a low back disability.

The Board has determined that the Veteran's squamous cell carcinoma is not related to his in-service treatment of warts and therefore denied service connection for this condition.

The appellant does not have qualifying active service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the Armed Forces of the United States and is therefore not entitled to a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board denied the veteran's claim for 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 the recognized guerrillas, in the service of the United States Armed Forces.

The appellant's spouse did not have verified active service and therefore is not eligible for a one-time payment from the FVEC Fund.

The Board found that obesity was not incurred in or aggravated by active service and denied the Veteran's claim for service connection.

The Board denied the appellant's claim for full-time education benefits under Chapter 33 of Title 38 U.S.C. due to a limitation on the combined period of assistance from Chapters 32 and 33, resulting in a total of 23 months and 27 days of benefits.

The Board found that there is no provision in the statutes and regulations that permits an increased rate of compensation based on the need for aid and attendance or housebound status for a surviving child receiving dependency and indemnity compensation benefits. Therefore, the claim was denied as a matter of law.

The Veteran's service in the Navy Reserves and Army is not considered active duty for pension purposes, and thus he does not meet the legal requirements for nonservice-connected pension benefits.

The VA denied the appellant's claim for one-time payment from the FVEC Fund due to a lack of valid military service. The case is remanded for further verification of the appellant's service.

The Board found no evidence to support the Veteran's claims for service connection of a bilateral leg disorder or residuals of blood poisoning, and thus denied both claims.

The Veteran's service connection claims for PFB, a neck injury, and numbness of the upper extremities have been granted. The Veteran has a current disability related to each condition, with medical evidence linking these conditions to his active military service.

The Veteran's right axilla lipoma was not incurred during service or within a year of separation, and there is no evidence linking it to herbicide exposure. The Board denied the claim for service connection.

The Board found that the Veteran's ulcers of the feet and legs, as well as his status-post amputation of toes on the left foot, are not service-connected. The disabilities were determined to be due to nonservice-connected diabetes mellitus.

The Veteran seeks service connection for a cardiovascular disorder, including as secondary to his service-connected PTSD and/or herbicide exposure. The appeal is remanded due to the need to obtain private medical records from the Cardiovascular Research Center in Stanford, California.

The Veteran's claims for increased ratings for his right ankle and left thumb disabilities were denied. The right ankle disability was rated at 20 percent, effective July 26, 2005.

The Board has determined that the appellant does not have recognized active military service for the purposes of obtaining the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's dysthymia was found to have been incurred in service, and the Board granted service connection for this condition. The issue of secondary service connection for alcohol abuse/dependence is addressed in a separate remand.