Other conditions decisions — 2013

The Veteran's claim for a total disability evaluation based on individual unemployability due to service-connected disorders has been granted, effective from September 24, 2008. As the benefit sought is no longer pending, the appeal is dismissed.

The Veteran's claim for an increased rating in excess of 10 percent for residuals of an oral cystectomy is being remanded due to the need for further examination and consideration of dental care needs.

The Board denied the appellant's claim as he is not a surviving child of a Veteran for VA death benefits-eligibility purposes, and thus is not a proper claimant for the benefit sought.

The Board found that the reduction of the Veteran's laryngeal carcinoma rating from 100 percent to 10 percent effective April 1, 2009 was proper. The Veteran also contends for an increased rating for residuals of laryngeal carcinoma, which is being considered concurrently.

The Board has granted a 20 percent disability rating for the residuals of a left orchiectomy, status post removal of a malignant mixed germ tumor, effective from the date of the initial grant of service connection.

The Board has determined that an effective date of June [redacted], 2001, is warranted for an award of additional compensation for the Veteran's dependent children K.L.B. and K.R.B.

The Board found no legal basis for additional retroactive payment for death pension benefits, as the Appellant's earliest date of entitlement to death pension benefits is September 1, 2005. The decision denied her request for higher retroactive payments and additional dependent child support.

The Veteran's bilateral cataracts are currently rated at 30 percent, effective since April 21, 2010. His disability due to bronchiectasis with recurrent left lower lung pneumonia was previously rated as 10 percent prior to April 21, 2010 and is now rated at 30 percent.

The Veteran's venereal disease was treated during service and resolved. The Board finds no current disability for which service connection can be granted.

The Board found no evidence of a low back disability in service or within one year after discharge, and concluded that the current low back disability is not related to service. The appeal for service connection was denied.

The Board denied service connection for the cause of the Veteran's death and compensation under 38 U.S.C.A. § 1151, finding that there was no evidence linking the Veteran's fatal brain tumor to his military service.

The Board determined that the appellant and the Veteran did not enter into a valid common law marriage under Oklahoma state law, as required for VA death benefits eligibility. The appellant's claims were denied because she could not provide clear and convincing evidence of their marital status.

The Board has determined that the appellant did not have the required service to qualify for payment from the Filipino Veterans Equity Compensation Fund, as certified by the National Personnel Records Center (NPRC).

The VA determined that the appellant's spouse did not have service in the U.S. Armed Forces during World War II, and therefore is not eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's service-connected left tibial stress fracture disability does not result in limitation of flexion to 30 degrees or less, and there is no limitation of extension, recurrent subluxation, lateral instability, or nonunion or malunion of the tibia. Therefore, he is not entitled to a rating in excess of 10 percent.

The Board has remanded the case due to failure to comply with previous remand instructions, and no further examination is required as there are sufficient records available.

The Veteran's medical services for chest pain and abdominal pain during the specified periods were approved due to the nature of the conditions, which required immediate attention. The VA system was not feasibly available at the time, and the Veteran had no other recourse or coverage.

The Board has determined that the Veteran's fatal leukemia, characterized as a biphasic type containing elements of AML and ALL with markers of B-cell and T-cell origins, was at least in part caused by his inservice herbicide exposure. As such, service connection for the cause of death is granted.

The Board has remanded the case for additional development due to incomplete records and insufficient detail in the VA examination report.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to assess the current severity of the service-connected skin disorder. The Veteran's claim is pending.