Other conditions decisions — 2013

The Board found that the Veteran's death was caused by metastatic cholangiocarcinoma, which is presumed to be related to his service in Vietnam due to exposure to herbicides. The evidence did not support a direct link between Agent Orange exposure and the development of cholangiocarcinoma.

The Board has determined that the Veteran's asbestosis, which was incurred during his military service and contributed to his death from neuroendocrine cancer with multiple metastatic nodules in the lungs, meets the criteria for service connection. The cause of death is therefore granted.

The Board has determined that there is no evidence to support a finding that the Veteran's Raynaud's Syndrome of the right hand is related to his service, including an in-service injury. The VA examiner concluded that the condition is less likely as not related to his March 1972 injury.

The Board determined that the appellant could not be recognized as the surviving spouse of the Veteran due to evidence showing they were divorced at his time of death.

The Board has remanded the case for further development due to inadequacy of previous VA examinations and need for additional examination.

The Veteran's right foot surgery on January 7, 2002, was not performed due to a service-connected bilateral tibial stress reaction. The surgery was done for a residual plantar keratoma that required excision.

The Board found that the Veteran's genitourinary disability is not related to service and denied his claim.

The Board is remanding the case for additional development to determine if the Veteran's current rectal bleeding - anal fissure and functional diarrhea are related to his military service, including ingestion of anti-malarial pills. The examiner must also consider whether these symptoms may be indicative of an undiagnosed illness.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence linking his death to military service or any service-connected condition.

The Veteran's claims for initial evaluations in excess of 10 percent for loss of sense of taste and smell, as well as an earlier effective date for service connection, are denied. The highest schedular evaluations have been assigned.

The Veteran is entitled to an effective date of August [redacted], 2004 for the award of dependent compensation for his wife and child, as this was within one year of their marriage.

The Board found that the Veteran's left leg disorder was not proximately due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on part of VA. The complications were outside the control of VA medical care providers and unrelated to his VA medical care.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital on April 5, 2007 is granted as the treatment was deemed emergent and no VA facility was feasibly available.

The Board has reopened the claims of service connection for residuals of cold injury to the hands, feet, and an eye disorder. The underlying merits will be considered on remand.

The Board has denied the appellant's claim for one-time payment from the Filipino Veterans Equity Compensation Fund due to a certification by the service department that the appellant had no valid military service for purposes of receiving such payments.

The service department certified that the appellant had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. The RO sought re-verification based on additional information provided by the appellant and each time, the service department recertified that she did not have qualifying service.

The Veteran's request for a waiver of the recovery of an overpayment of non service-connected pension benefits in the amount of $5,194.64 was not timely filed and therefore denied.

The Board has determined that the appellant does not have qualifying 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 a one-time payment from the Filipino Veterans Equity Compensation Fund.

The appellant's late husband did not meet the eligibility criteria for a one-time payment from the Filipino Veterans Equity Compensation Fund as he died shortly after the enactment of the law, and his application was submitted posthumously.

The Board has determined that the appellant did not have qualifying service to be eligible for VA benefits or a one-time payment from the Filipino Veterans Equity Compensation Fund.