Other conditions decisions — 2013

The Board denied the veteran's claim for nonservice-connected disability pension benefits as his service with the Philippine Commonwealth Army and Regular Philippine Army did not qualify him under VA regulations.

The Board has determined that recovery of the overpayment would be against equity and good conscience due to the Veteran's failure to promptly notify VA of his divorce and remarriage, but also considering the financial hardship he faces.

The Board has determined that the Veteran's right inguinal hernia, which was repaired during a period of active duty for training, is service-connected.

The appellant's claim for recognition as a veteran to receive a one-time payment from the FVEC Fund was denied because he had no qualifying service in the United States Armed Forces.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for rectal bleeding resulting from a prostate biopsy performed by VA in January 2002 is denied as the preponderance of evidence does not support a finding that the condition resulted from the procedure.

The Veteran's reflux esophagitis, including Barrett's esophagus, is currently rated at 30 percent and does not meet the criteria for a higher rating under applicable diagnostic codes.

The Board denied service connection for both amblyopia of the right eye and macular degeneration, finding that there was no evidence linking these conditions to military service.

The Board found that the cause of death listed on the Veteran's death certificate (ventricular fibrillation, septic shock, and metastatic colon cancer) was not caused or substantially contributed to by a service-connected disability. The VA medical expert opinion did not support a diagnosis of asbestosis.

The Board denied the Veteran's motion alleging clear and unmistakable error in a May 2013 decision that he was not eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of service.

The Veteran's right wrist disorder has been shown to have degenerative joint disease, with limitations caused by pain. However, ankylosis or limitation of motion that is the equivalent to ankylosis is not demonstrated.

The Veteran's claims for nonservice-connected pension and special monthly pension were denied as he failed to report for a VA examination scheduled in connection with his claim for nonservice-connected pension, and the Board found that he did not fully comply with income reporting requirements.

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

The Board has determined that the overpayment of $5,814.00 was properly waived by VA and thus dismissed the appeal.

The appellant does not have recognized active military service for the purpose of obtaining a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's HIV-related illness is currently rated at 30 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's brain aneurysm and headaches, which may be related to his service. The Veteran needs to undergo a VA examination to determine if these conditions are linked to his military service.

The Board has determined that the Veteran's gastric carcinoma, which caused his death in May 2009, was not related to his service-connected duodenal ulcer or any other condition during his lifetime. As such, the claim for service connection for cause of death is denied.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of recognized military service, as determined by the National Personnel Records Center.

The Board has dismissed the appeal due to the appellant's death before a decision was made.

The Board denied the Veteran's claims for increased ratings for his right knee disabilities, finding that the evidence did not support a higher rating based on limitation of motion or instability.