Other conditions decisions — 2013

The Veteran was overpaid $19,000 in disability compensation benefits due to an administrative error by VA. The Committee on Waivers found the Veteran at fault for accepting the payment without understanding her entitlement level.

The Veteran's service-connected degenerative joint disease of the left and right hips have been rated at 10 percent since September 1, 2005. The Board finds that a higher rating is not warranted for either hip.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this claim as he is no longer alive.

The Board found no new and material evidence to reopen the Veteran's claim of service connection for a left-sided pain disorder, including as due to undiagnosed illness. The Veteran did not submit sufficient evidence to establish that his current left-sided pain is related to his military service.

The VA determined that the appellant did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces and therefore is not eligible for benefits from the Filipino Veterans Equity Compensation Fund.

The Veteran's adjustment disorder with depressed mood is manifested by mild occupational and social impairment, warranting a 10 percent evaluation. The service-connected prostate cancer and erectile dysfunction do not preclude him from securing and following substantially gainful employment.

The Veteran's active service from September 1970 to June 1991 does not meet the eligibility requirements for VA educational benefits under Chapters 30, 32 and 33 of Title 38, United States Code, or under Chapters 1606 and 1607 of Title 10, United States Code.

The Veteran's appeal is being remanded to the RO for a Travel Board hearing at the local St. Petersburg, Florida RO.

The Veteran's initial claim for service connection of his bilateral foot disability was denied in a July 1970 rating decision. He did not appeal this denial, and as such, the decision became final. In September 2008, he filed a petition to reopen his previously denied claim, which resulted in an effective date of September 3, 2008.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and potentially submitting evidence of missed work due to his service-connected residuals. The case will be referred to the Director, Compensation and Pension Service, for a determination on whether an extraschedular evaluation should be assigned.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse due to a lack of continuous cohabitation from the date of marriage until the time of the Veteran's death, and because divorce papers were never filed with a court.

The appellant is not entitled to additional VA educational assistance benefits under Chapter 33, as the law limits her entitlement to a maximum of 36 months (or its equivalent in part-time education) under this chapter. The Veteran's transfer of his remaining entitlement from Chapter 30 to Chapter 33 was limited to 3 months and 19 days due to the provisions of VA regulations.

The Veteran is seeking service connection for a bilateral foot disorder, which the Board finds requires additional development to determine its etiology and whether it is related to his military service.

The Board has determined that the Veteran does not have a currently diagnosed tailbone disability and therefore, service connection for this condition cannot be granted.

The Board has determined that there is no current chronic disability of the right hand manifested by numbness and paresthesia, and thus service connection for this condition cannot be granted.

The Board has determined that the Veteran's emphysema is related to her active service, resolving all doubt in her favor.

The Veteran seeks service connection for a brain disorder, which he claims is related to his active duty service. The Board has ordered an examination and opinion regarding the nature and etiology of any current brain disorder, including whether it is due to or aggravated by service.

The Board has remanded the case due to the need for a VA examination and proper VCAA notice, as well as the need to obtain additional medical records. The Veteran's claim will be reconsidered after these steps are completed.

The Veteran's blurred vision was not related to his active duty service and is not causally related to or aggravated by a service-connected disability.

The Board found that the Veteran does not have a right hip disorder or left hip disorder that is due to injury or disease in service, and thus denied his claims for service connection.