Other conditions decisions — 2013

The Board denied the Veteran's claim for a Government-furnished headstone or grave marker due to an unknown disposition of his remains, as he served in the Union Army during the American Civil War and was not buried in a national cemetery.

The Board has determined that additional development is needed to determine if the Veteran's service-connected posttraumatic stress disorder contributed substantially or materially to his death.

The Veteran is seeking service connection for a cerebrovascular accident (claimed as stroke) that occurred in 1996. The VA examiner concluded the condition was not related to his shrapnel wounds from service, but the Board finds additional medical opinion is needed to address this issue.

The Veteran seeks service connection for a respiratory disability, which he claims is related to asbestos exposure during service. The Board has determined that additional development is needed due to the inadequacy of the previous VA examination and the need for an opinion regarding the relationship between any current respiratory disability and service.

The Veteran's left ankle disability is manifested by pain and swelling, but does not meet the criteria for a higher rating as it does not show ankylosis or marked limitation of motion.

The Board found no clear and unmistakable error in the May 1980 rating decision that denied service connection for a delayed stress reaction. The Veteran's contentions regarding combat status were not consistent with the circumstances, conditions, or hardships of his service.

The Veteran's daughter, 'L.M.D.', will be appointed a temporary fiduciary (custodian-in-fact) to manage the Veteran's benefits. The decision is based on the Veteran's current situation and the need for continued payment of his VA benefits.

The Board found that the Veteran's kyphoscoliosis clearly and unmistakably preexisted service, and did not increase in severity during service.

The Veteran's service-connected restrictive lung disease has been rated at 30 percent since September 25, 2002. No higher rating is warranted.

The Board has determined that there has not been substantial compliance with the March 2012 remand and additional development is needed to properly adjudicate the Veteran's claim for service connection for arthritis of the back and legs.

The Board found that the Veteran's right eye disability was not incurred in or aggravated by service and attributed it to a non-service connected condition.

The Veteran's degenerative changes of the right foot with Morton's neuroma have been primarily manifested by pain but no incapacitating episodes and no more than moderate functional impairment, warranting a 10 percent disability rating.

The Veteran's bronchiectasis was rated at 60 percent disabling since May 26, 2005. The disability is characterized by near constant findings of cough with purulent sputum and has required almost continuous antibiotic usage.

The Veteran's partial amputation of the penis is not related to his service, as there is no credible evidence of a crushing injury during service. The Board finds that the current condition is not due to service.

The Board has determined that the Veteran does not have a current disability in his left eye for VA compensation purposes and denied service connection for all other issues on appeal.

The Board found that there is no evidence of current right eye blindness or partial blindness, and thus denied the Veteran's claim for service connection.

The appellant has withdrawn her appeal seeking to be recognized as the Veteran's surviving spouse for VA death benefits.

The Board has reopened the appellant's claim for service connection for the cause of the Veteran's death and granted it, finding new and material evidence to support the claim.

The Board found that the February 2005 marriage between the appellant and the Veteran was invalid due to legal impediment, as the appellant knew of S.Y.'s (the former husband's) existence at the time of her attempt to marry the Veteran. Therefore, she is not recognized as the surviving spouse for VA death benefits.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining a one-time payment from the Filipino Veterans Equity Compensation Fund.