Other conditions decisions — 2013

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 in the United States Armed Forces.

The Veteran's claim for educational assistance benefits under the Montgomery GI Bill was denied as he made an irrevocable election to receive Post-9/11 GI Bill benefits instead.

The Board dismissed the appeal because the appellant died before a decision could be made.

The Board has determined that the Veteran's ulcerative colitis is not related to his military service, and therefore denied his claim for service connection.

The Veteran's claim for payment of private medical expenses incurred at Centennial Medical Center-Ashland City on December 11, 2009 is granted as the criteria for payment are met.

The Board found that the Veteran's death was not proximately due to VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault. Therefore, DIC benefits under 38 U.S.C.A. § 1151 were denied.

The Board has determined that the appellant is recognized as the surviving spouse of the Veteran for purposes of VA death benefits.

The Board denied an increase in the evaluation for calluses and corns on both feet, finding that the disability did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board found that the Veteran's pre-existing gunshot wound to his right calf did not result in an increase in disability during service, and thus could not be considered aggravated. As a result, the Board determined that the current right leg condition was not incurred or aggravated by active service.

The Veteran's right ankle disability, which includes degenerative joint disease, is currently rated at 10 percent and the appeal for an increased rating has been granted.

The Veteran's request for waiver of recovery of the $1,892.00 overpayment was found to be timely filed and the case is remanded for further review.

The Board denied service connection for an undiagnosed illness manifested by diffuse joint pain, finding that the Veteran's shoulder arthritis did not qualify as an undiagnosed illness under 38 C.F.R. § 3.317 and that there was no evidence of a qualifying chronic disability to establish a grant of service connection under this provision. The Board also found no evidence supporting the claim for direct service connection.

The Board found that the Veteran's claimed pelvic disability and arthritis were not incurred in service, as there was no chronicity of symptoms after service. The claim for service connection is denied.

The Veteran's service-connected disability (amputation of left thumb, index, and middle fingers) does not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's claim for residuals of an ingrown toenail, right big toe was denied as there is no evidence of a current disability or any residual from the service treatment.,The Veteran's left shoulder and low back strain claims were reopened but not granted. The low back strain claim was reopened based on new medical evidence diagnosing a low back strain.

The Veteran's service treatment records do not show any complaints, diagnoses, or treatments related to cold injuries including arthritis. The Veteran reported symptoms during the hearing but there is no medical evidence linking these conditions to his active duty.

The Board has granted service connection for the Veteran's gynecological disability, finding that it began during her active duty and is related to her service.

The Board has determined that the Veteran's current genitourinary disorders, including urethral stricture and neurogenic bladder, are related to his in-service injury while working on a flight line. As such, service connection for these conditions is granted.

The Veteran's disability compensation benefits were suspended due to 'fugitive felon' status, and the Department of Veterans Affairs denied a waiver of overpayment.

The Veteran withdrew his appeal regarding the issue of service connection for a skin rash as due to exposure to herbicides before the Board could make a decision.