Other conditions decisions — 2013

The Veteran's right finger disability, which is considered a direct service connection case, has not been found to warrant a compensable evaluation due to the lack of evidence showing it meets or approximates the criteria for an increased rating.

The Board has determined that the Veteran's claims for service connection for mood disorder and left facial nerve trauma, both residuals of a TBI, were implicitly denied in March 1969 when he filed a claim seeking service connection for severe concussion. As such, an effective date prior to September 26, 2008 is not warranted.

The Board found that there was no evidence of a common law marriage between the Veteran and the appellant, thus denying her claim for recognition as his surviving spouse.

The appeal has been dismissed due to the appellant's death.

The appeal is being remanded due to the lack of point statements from the National Guard or Reserves regarding participation in drills, active duty for training, or other participation during the appellant's service. The case will be returned to the Board if further development is needed.

The Veteran is seeking service connection for bilateral hand and foot numbness, which may be related to his service-connected disabilities. The Board has ordered additional examination and development of the claims.

The Board found that the decedent did not have active military, naval, or air service and therefore could not be considered a veteran for purposes of the presumption of service connection for ALS. As such, the claim for cause of death based on ALS was denied.

The Board denied service connection for an eye disability, including myopia and conjunctivitis, as well as a pituitary macroadenoma claimed as a brain tumor. The Veteran's current conditions are not related to his military service.

The Veteran's service-connected TMJ syndrome has been manifested by a limitation of inter-incisal movement no worse than 50 mm, a range of right lateral excursion to 15mm, and a range of left lateral excursion to 7mm. The criteria for an initial compensable rating are not met.

The Veteran's claim for service connection for squamous cell carcinoma of the tongue and mouth is being remanded due to insufficient medical evidence. The VA will obtain updated treatment records and schedule a VA examination to determine if his cancer is related to his active service, including exposure to herbicides.

The Board has determined that additional development is needed to address the Veteran's claim for service connection for residuals of a shrapnel wound to the left knee, including degenerative joint disease and soft tissue foreign body. The case will be returned to the examiner for an addendum addressing the etiology of current left knee disorders in light of the Veteran's credible assertions regarding his combat experience and in-service injury.

The Board denied the Veteran's request to reopen her claim for service connection for mitral valve prolapse, finding that new and material evidence had not been submitted.

The Veteran's claim for payment or reimbursement of medical services provided by Lake Health on March 26, 2010 is granted as the criteria under the Veterans Millennium Health Care and Benefits Act are met.

The Board has remanded the case for further development and review due to incomplete information about the appellant's service dates and whether he has any service-connected disability. The claim will be reconsidered after these issues are resolved.

The Board found that the withholding of VA compensation in lieu of military retired pay from November 1, 2007, through December 1, 2008, was proper due to the Veteran's not being legally entitled to receive both benefits at the same time and his responsibility for the overpayment.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is not eligible for benefits from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal is being remanded for additional development, including a VA skin examination during an active phase of his service-connected recurrent staph infection.

The Board denied the appellant's request for a certificate of eligibility for VA home loan guaranty benefits due to not meeting the minimum six years of service required for eligibility.

The appeal is being remanded for additional development of the evidence, including scheduling a video conference with a Veterans Law Judge from the Board.

The Board found that the Appellant is not entitled to recognition as the Veteran's surviving spouse for VA benefits due to her divorce from the Veteran prior to his death, and thus denied her claim.