Other conditions decisions — 2013

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for a dental disability, with jaw injury and loss of teeth, for compensation purposes.

The appellant's income exceeds the maximum limit for death pension benefits, as her children's combined Social Security payments exceed $13,968 per year, which is more than the maximum annual pension rate of $12,852 set in December 2009.

The Board has determined that additional development is needed to address the Veteran's claims for service connection, including obtaining a medical examination and opinion regarding his claimed posttraumatic arthritis of the joints.

The Veteran's peroneal nerve injury of the right lower extremity is related to an in-service IED accident, and service connection for this condition is granted.

The Veteran and the appellant were divorced in January 1970. The appellant filed a claim for apportionment of the Veteran's VA benefits, but she is not eligible due to her status as an ex-spouse after the divorce.

The Board denied the appellant's claim for eligibility to receive a payment from the Filipino Veterans Equity Compensation (FEVC) Fund due to lack of verified service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Veteran is seeking service connection for a cancerous bladder tumor, which he claims was caused by his exposure to herbicides while in Vietnam. The Board has decided that the claim should be remanded due to the need for additional development of medical records and an opinion regarding the etiology of the bladder condition.

The Board denied the claim for a one-time payment from the Filipino Veterans Equity Compensation Fund as the decedent had no qualifying service.

The Board has determined that the appellant does not have recognized active military service to receive the one-time payment from the FVEC Fund, and thus his claim must be denied.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of documented service in support of American forces during World War II.

The Board finds that the appellant had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, they are not eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal for payment or reimbursement of unauthorized medical expenses has been dismissed due to the Veteran's withdrawal of the appeal.

The case is being returned to the RO for review of additional evidence submitted by the Veteran, including his income and expenses. The RO will determine if he qualifies for nonservice-connected pension benefits based on this new information.

The Board is remanding the case for further development to determine the current severity of the Veteran's service-connected residuals of a shell fragment wound to the right anterior chest, including whether there is tear of an external oblique muscle between the fourth and fifth ribs as a residual of his shell fragment wound.

The Board has granted an earlier effective date of May 8, 2003 for service connection for basal cell carcinoma of the left cheek. The Veteran's claim was reopened based on new evidence.

The Board has determined that the overpayment of $22,718.50 was properly created and is a valid debt. The Veteran's failure to provide support for his dependents contributed to this overpayment. The Board found no evidence of fraud or bad faith on the part of the Veteran in creating the overpayment. However, recovery would be against equity and good conscience due to the Veteran's financial hardship.

The Board found no evidence to support service connection for a low back disorder, either on a presumptive basis or as directly related to service. The Veteran's current back conditions are not associated with his military service.

The Board has determined that the Veteran's residuals of a fracture of the thoracic spine warrant a rating of 20 percent, effective from June 20, 2005.

The Veteran's autoimmune disease, including Wegener's granulomatosis, was not service-connected as his condition is not related to his military service or presumed exposure to herbicide agents. The Board found that the Veteran did not have non-Hodgkin's lymphoma and instead had Wegener's granulomatosis.

The Board has ordered a remand to obtain additional medical records and conduct a VA examination to determine if the Veteran's current neurological disability of the right upper extremity is related to his service-connected left median neuropathy or any other in-service events.