Other conditions decisions — 2013

The Veteran's bilateral thumb disorder and left hand cramping were not incurred in service, and are not related to his service-connected lumbar spine condition. The Board finds no evidence of a chronic disease or injury during service that could be presumed due to herbicide exposure.

The Board found that the Veteran's current bilateral eye disabilities, including advanced glaucoma, senile cataracts, and mild retinopathy, are not related to his service. The pre-existing refractive error was not aggravated by a superimposed disease or injury.

The Board found that VA medical personnel at the Biloxi/Gulfport VAMC failed to use standard technological interventions for fall prevention following the Veteran's first documented fall, which resulted in a finding of fault on the part of VA.

The Board found that the Veteran's right eye disability existed prior to service and was not aggravated by service. As a result, service connection for this condition is denied.

The Board found no evidence to support service connection for gout, as it was not incurred or aggravated by the Veteran's active duty service. The Board also determined that secondary service connection for gout due to his service-connected prostate cancer is not warranted.

The Board found that the appellant's character of discharge for his period of service from September 2007 to July 2008 is a complete bar to VA benefits, other than health care under Chapter 17. The appeal was not about service connection at all.

The Veteran's appeal for TDIU was dismissed due to his death.

The Veteran's kidney condition manifested with occasional attacks of colic, not infected and did not require catheter drainage. The Board finds that the evidence more nearly approximates a 10 percent disability rating for obstruction, left uretero-pelvic area, left hydronephrosis.

The Board has determined that the Veteran's income exceeds the maximum annual disability pension limit for the periods from October 20, 2008 to November 30, 2008; December 1, 2008 to November 30, 2009; and, from December 1, 2009 to November 30, 2010. The case is being remanded for further development of the medical expenses claim.

The Veteran's biological child is not eligible for benefits under 38 U.S.C.A. Chapter 18 as an individual with covered birth defects other than spina bifida due to the mother not having Vietnam service.

The Board has determined that the Appellant does not meet the requirements for a one-time payment from the FVEC Fund due to prior forfeiture of benefits, and thus the claim is denied.

The Board granted an earlier effective date for the Veteran's service-connected skin disorder, but denied payment of attorney fees based on a past-due benefits award. The appellant submitted a contingent fee agreement to the Board in December 2009 and requested direct payment from the RO. However, the AOJ did not receive the agreement until April 30, 2010, after the rating decision was issued.

The Board has decided to remand the case for further evidentiary development, including obtaining copies of initial overpayment notification letters and a Financial Status Report from the appellant.

The appeal has been dismissed as the appellant requested withdrawal of the appeal.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund as he did not have qualifying service to establish eligibility.

The Veteran's pulmonary infarction residuals have been manifested by dyspnea on exertion and pleural parenchymal scarring, with FEV-1 value of no less than 66 percent, FEV-1/FVC value of no less than 63 percent, and DLCO (SB) value of no less than 62 percent; there was no cor pulmonale, right ventricular hypertrophy, pulmonary hypertension, or restrictive airway disease. The RO assigned a 30% evaluation for residuals of pulmonary infarction effective from June 7, 2010.

The Board has determined that additional development is needed to verify the appellant's claimed service, and thus the case is being remanded for further action.

The Board has granted service connection for shin splints of the right leg and left leg, finding that these conditions were incurred in active service. However, it denied service connection for a skin disorder due to lack of evidence linking the condition to service.

The Board found that the Veteran's current skin disabilities were not caused or aggravated by his military service, exposure to herbicide agents, or any service-connected disability.

The Board denied the claim for service connection for periodic accelerated heart rate, finding that there was no chronic disability under the law and not warranting service connection as an undiagnosed illness.