Other conditions decisions — 2013

The Board has vacated its August 21, 2013 decision regarding basic eligibility for entitlement to VA disability benefits due to the appellant's death. The appeal is dismissed as a result.

The Board found that the appellant did 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, they denied entitlement to a one-time payment from the FVEC Fund.

The Board has granted the Veteran's petition to recognize D.S.O. as his adopted child for VA payment purposes, resolving doubt in favor of the Veteran.

The Veteran's paroxysmal atrial tachycardia, diagnosed as supraventricular arrhythmias, has been rated at 30 percent since the effective date of the decision. The condition manifests in more than four episodes per year and results in fatigue.

The Board found that there is no legal basis to recognize the appellant as an eligible surviving spouse for purposes of receiving DIC or death pension benefits due to a lack of evidence establishing a valid common law marriage between the Veteran and the appellant.

The Board has determined that the Veteran does not have a current skin disorder and therefore, service connection for a skin rash or dermatophytosis cannot be granted.

The Veteran's service as a guerilla during World War II does not qualify for VA death pension benefits.

The Board found that the Veteran did not have residuals of heat exhaustion at the time of his September 2009 claim for benefits and has not had such disability since. Therefore, service connection for residuals of heat exhaustion is denied.

The Veteran's appeal is remanded for further review of his eligibility for educational assistance benefits under the Post-9/11 GI Bill due to courses taken at Success Schools LLC.

The Veteran has withdrawn his appeals regarding the certificates of eligibility for assistance in acquiring specially adapted housing and special home adaptations. The Board is dismissing these issues as a result.

The Board has determined that the Veteran's claim for service connection for osteomyelitis, right little finger cannot be reopened because no new and material evidence was received to support his claim.

The Board has remanded the case due to unclear authorization for the Veteran's active duty service, and additional development is required.

The Board found no credible evidence supporting service connection for an eye condition other than right eye amblyopia, and denied the claim based on direct service connection.

The Veteran's panic disorder is manifested by symptoms of daily panic attacks, depressed mood, stuttering, chronic sleep impairment, poor impulse control, and suicidal ideation, resulting in occupational and social impairment with reduced reliability and productivity. The Board finds that a 50 percent disability rating is warranted.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and an addendum to the March 2011 examination report.

The Veteran's appeals for service connection for peripheral artery disease of the left and right lower extremities have been dismissed due to his death.

The Veteran's death was not caused by a service-connected condition, and his eligibility for Dependents' Educational Assistance (DEA) under Chapter 35 of Title 38, United States Code, has not been met.

The Veteran's tendonitis of the left and right knees has been granted service connection, but a rating in excess of 10 percent is not warranted.

The Veteran's inclusion body myositis was not shown during service, and the preponderance of the evidence does not relate it to any event or occurrence in service. The Board denied his claim for service connection.

The Veteran's herniated nucleus pulposus, L3-4, L4-5, L5-S1 was rated at 20 percent since December 31, 2007 to August 24, 2008 and beginning December 1, 2008. The current rating of 20 percent is maintained as the disability does not meet criteria for a higher rating.