Other conditions decisions — 2013

The Veteran died from homicide and service connection has not been established for his cause of death. As a result, the surviving spouse is not eligible for VA home loan guaranty benefits.

The Board has referred the issue of entitlement to a separate rating for residuals of the skin graft donor site back to the RO for appropriate action. The Veteran's claim is now before the Board for remand.

The Veteran's cervical spine condition is currently rated at 10 percent and his low back disorder is rated at 20 percent. Both conditions do not meet the criteria for a higher rating under the applicable diagnostic codes.

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 as per certification from the National Personnel Records Center.

The Board finds that the ambulance expenses incurred on October 6, 2009 were reasonable and necessary due to an emergency medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) that a prudent layperson reasonably expected that delay in seeking immediate medical attention would have been hazardous to life or health. The appellant's wife testified that the treating physician deemed it necessary for her husband to be transferred immediately by ambulance, and VA facilities were not feasibly available at the time.

The Veteran's left eye disability, prior to December 6, 2009, was manifested by blurry vision and a large blind spot. The Board found that the symptoms most closely approximated those necessary for a 20 percent disability rating.

The case is remanded for the appellant and Veteran to provide updated financial information, as they are presumed married. The appeal will be readjudicated after this information is received.

The Board denied the Veteran's claims for service connection for a thoracic spine disorder and an acquired psychiatric disorder, finding that his preexisting thoracic spine disorder existed prior to service and was not aggravated by active duty.

The Board found that the Veteran does not have a disability manifested by symptoms of pharyngitis that is related to active duty service. The claim for service connection for bronchitis was remanded.

The Veteran's claim for an increased initial rating for residuals of left abdomen stab-wound is being remanded due to the need for a new VA examination and additional development.

The Veteran's chest pain and cardiovascular disability have not been determined to be related to undiagnosed illness or other qualifying chronic disability, nor are they found to be secondary to service-connected PTSD.

The Board has remanded the case due to inadequacies of a previous VA opinion and further development is required.

The Board is remanding the case to the RO for further development and readjudication, including requesting clarification from the NPRC regarding the alleged military service of the appellant's deceased spouse.

The Board has determined that the Veteran's congenital right eye optic nerve pit disease was incurred in service, as there is no clear and unmistakable evidence to show it pre-existed service.

The Veteran's initial and increased rating claims for his service-connected left and right knee disabilities were denied. The Board found that the evidence did not support a higher rating based on limitation of motion or instability.

The Board found that the Veteran's right foot disorders, including equinovarus deformity and pes cavus, were not incurred or aggravated by service. The VA examiner opined that these conditions are congenital defects and did not worsen due to a service-connected ankle fracture.

The Board found that the appellant did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is not eligible for compensation from the Filipino Veterans Equity Compensation Fund.

The Veteran's surviving spouse is denied a one-time payment from the Filipino Veterans Equity Compensation Fund as she does not meet the eligibility requirements under the law.

The Veteran's death was caused by liver cancer, which the appellant contends was related to his military service. The Board has ordered additional development including obtaining VA and private medical records, as well as in-patient clinical records from the Veteran's terminal hospitalization.

The Board has determined that the Veteran does not have a disability manifested by blood in the stool related to service, and thus denied his claim for service connection.