Other conditions decisions — 2013

The Veteran's claim for service connection for chronic residuals of heat stroke/sunstroke was denied, and his TDIU claim was also denied. The Board found that the evidence did not support a finding of chronic residuals of heat stroke/sunstroke attributable to military service.

The Board has remanded the case due to incomplete records and a need for additional medical opinion regarding the relationship between service and current endometriosis.

The Veteran's claim for an increased disability rating for postoperative residuals of left parotid mixed neoplasm, to include Frey's Syndrome, was denied. The condition manifested by mild left facial numbness and profuse perspiration when eating prior to July 13, 2012, but starting from that date, the condition manifested severe left facial numbness and profuse perspiration when eating without pain. The Veteran is currently rated at 30 percent for this disability.

The Veteran's appeal is being remanded for further development and readjudication due to inadequate consideration of the issues in the prior decision, including a need for additional VA examinations and opinions.

The Board has determined that the Veteran does not have a vision disability that is etiologically related to service, and thus service connection for this condition is denied.

The Veteran's service-connected knee disabilities have been rated as 20 percent for each knee, effective from July 1, 2001.

The Veteran sustained additional loss of vision in his right eye as a result of November 2003 surgical procedures performed at the VA Medical Center. The Board finds that this event was not reasonably foreseeable and grants compensation under 38 U.S.C.A. § 1151 for loss of vision in the right eye.

The Board has granted service connection for vocal cord dysfunction, but the rating assigned is 0% (noncompensable). The effective date of this grant remains pending as it was not addressed in the decision.

The Veteran has withdrawn his appeals for the issues of entitlement to service connection for residuals of a left groin injury and residuals of an upper thigh injury, thus the appeal is dismissed.

The Board denied the Veteran's request for waiver of overpayment of VA compensation benefits due to a change in his marital status, finding that recovery would not be against equity and good conscience.

The Veteran's request for a waiver of recovery of an overpayment in the amount of $13,862.00 was not timely and therefore denied.

The Board has determined that the Veteran's residuals of fracture to the 1st metacarpal joint of the left hand do not warrant a rating higher than 10 percent, as there is no evidence of ankylosis or limitation of motion exceeding what is currently rated.

The Board has found that the appellant is entitled to recognition as the Veteran's qualifying surviving spouse for purposes of eligibility to DIC and death pension benefits, based on her continuous cohabitation with the Veteran prior to his death in June 2008.

The Veteran's appeal is being remanded for further evaluation of his service-connected residuals of fracture of the right fifth metacarpal due to a lack of recent examination.

The Board found that the appellant and the Veteran were divorced at the time of the Veteran's death in July 2008, and thus did not meet the criteria to be recognized as a surviving spouse for VA benefits purposes.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of his foot and knee disabilities.

The Board has determined that VA improperly withheld payment of the Veteran's disability compensation benefits to recoup amounts paid for 164 days of fiscal year 2008, except for periods when concurrent payments were made for military training and VA compensation.

The Board has granted an initial 10 percent disability rating for the Veteran's herpetic whitlow of the left index finger, effective from the date service connection was established. The condition is manifested by painful scarring that covers less than five percent of her body and exposed areas, with no need for intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs.

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 in the Philippine Commonwealth Army.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of recognized military service.