Other conditions decisions — 2013

The Veteran's claims for cold weather injury of the bilateral feet, fungal infection of the groin area, and fungal infection of the bilateral feet have been previously denied. New evidence has not raised a reasonable possibility of substantiating these claims.

The Board has determined that the Veteran's claimed psychiatric disorder, hypertension, left knee disorder, and cervical spine disorder are not service-connected as they were not incurred or aggravated by active service.

The Board has determined that there is no credible evidence to support the Veteran's claim of a current bilateral foot rash being related to service, and thus denied his claim for service connection.

The Board has determined that the Veteran's chronic urticaria and cardiac ischemia were incurred in service, with reasonable doubt resolved in her favor.

The Board has granted an earlier effective date of August 12, 2005 for the award of special monthly compensation based on the need for aid and attendance due to the Veteran's service-connected chronic brain syndrome with vascular disease.

The Veteran's claim for an earlier effective date for a 30 percent rating for Posterior Tibial Tendon Dysfunction with ongoing collapse, impingement and dysfunction of the posterior tibial tendon medially is denied as there was no pending claim prior to April 5, 2007 that could have resulted in the higher rating.

The Board found that the appellant's discharge from active military service was under dishonorable conditions due to willful and persistent misconduct, specifically aggravated assault with a firearm. As such, his discharge is considered a bar to VA compensation and pension benefits.

The Board has determined that the validity of the overpayment debt must be addressed before a decision can be made on whether the Veteran is entitled to a waiver of compensation overpayment. The case will be remanded for clarification and adjudication.

The Board has determined that the appeal is remanded due to inadequate record for rendering a fully informed decision. The appellant's claim involves disagreement with the creation of an overpayment in education benefits, and the case will be returned to the RO for further development.

The Veteran's service-connected patellofemoral pain syndrome and right eye injury have not met the criteria for a higher rating in excess of 10 percent during any period.

The Veteran's claim for an increased rating for his service-connected fracture of the L4 status post laminectomy with fusion is being remanded due to the need for a VA examination and additional treatment records.

The Veteran's claim for nonservice-connected pension is denied as her first period of service occurred during a peacetime period and her second period of service was less than 90 days, making her ineligible for the benefit.

The Board denied legal entitlement to the 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 Board found that the appellant did not have qualifying service with the United States Armed Forces and therefore, denied their claim for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund as her husband did not meet the requisite legal requirements, specifically due to lack of verified service in the Philippine Commonwealth Army.

The Board has granted earlier effective dates of June 30, 2010 for the awards of nonservice-connected pension and special monthly pension based on the need for aid and attendance.

The Board has determined that the Veteran's acquired psychiatric disorder, specifically a psychotic disorder, is at least as likely as not related to his active service.

The Veteran's initial compensable rating for dermatophytosis prior to September 9, 2011 and a rating in excess of 10 percent beginning September 9, 2011 was granted.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for chronic granulocytic leukemia, and thus the claim is granted. The Veteran's chronic leukemia was not incurred in or aggravated by service, nor may it be presumed to have been incurred as a result of ionizing radiation exposure.

The VA determined that the Veteran's current skin condition was not incurred or aggravated by his military service, including any herbicide exposure.