Other conditions decisions — 2013

The Veteran's appeal is remanded to the RO for additional development, including clarification of the distance his jaw opens when stuck half way open. The case will be returned to the Board if further action is required.

The Board denied the Veteran's claims for higher initial ratings for coccidioidomycosis and subretinal hemorrhage of the left eye, finding that her conditions did not warrant a rating in excess of 10 percent.

The Board found that the Veteran's nonservice-connected pension benefits were correctly terminated effective January 1, 2011 due to excessive income. The Veteran and his wife did not live together but were not estranged.

The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse, finding that she remarried after the Veteran's death and thus does not meet the legal criteria for surviving spouse status.

The Board has determined that the current medical opinions are inadequate and requires a new opinion to determine if the Veteran's service-connected psychosis contributed substantially or materially to his death. The appellant must provide any additional private medical records.

The Board found that the Veteran's death was not caused by a service-connected disability, and thus denied both the claim for service connection for the cause of the Veteran's death and the accrued benefits claim.

The Board has determined that the Veteran's right elbow disability clearly and unmistakably pre-existed his entrance into service, did not permanently increase in severity beyond its natural progression during active duty, and therefore, does not warrant service connection.

The Board has determined that the appellant's discharge under other than honorable conditions was issued as a result of an absence without official leave for a continuous period over two years, and thus is a bar to VA benefits.

The appellant's income exceeded the maximum annual pension rate for payment of VA non-service connected death pension benefits effective June 1, 2008. As a result, her claim was denied.

The Board has remanded the case for further development due to a lack of signed informed consent forms and VA clinical records pertaining to the Veteran's surgery.

The Veteran's appeal is being remanded for further examination and consideration of her service-connected gynecological disability, amenorrhea with secondary infertility. The issue will be reconsidered in light of the new evidence.

The Board found no evidence of a current disability related to the Veteran's service-connected hammer toe and bunion surgeries, thus denying her claim for service connection.

The Veteran did not have a pending claim for accrued benefits at the time of his death, and there were no due and unpaid periodic monetary benefits he was entitled to receive.

The Veteran seeks service connection for a skin rash, which he contends is due to his active duty service in the Southwest Asia Theater of operations during the Persian Gulf War. The VA has not yet provided an adequate examination or opinion regarding whether the Veteran's skin rash is related to his military service.

The Veteran's service-connected right ear hearing impairment does not warrant a compensable rating under VA disability evaluation criteria.

The Veteran's claim for an initial compensable rating for tendonitis of the right ring finger, which is secondary to a service-connected tendon laceration of the right thumb, has been denied by the Board. The disability manifests as decreased range of motion and painful movement without further limitation.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions regarding his service-connected multiple bilateral pulmonary nodules partially calcified, with frequent infections and cough. A TDIU claim will also be addressed.

The Board determined that the appellant did not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces during World War II and therefore is not eligible for one-time payment from the FVEC Fund.

The Board denied accrued benefits based on alleged status as the child of the Veteran due to lack of legal merit. The Veteran's type of service was not one that could have qualified a claimant for nonservice-connected death pension.

The Board has determined that the appellant did not have valid military service to qualify for benefits from the Filipino Veterans Equity Compensation Fund.