Other conditions decisions — 2013

The Veteran's appeal for nonservice-connected pension benefits has been dismissed due to the death of the Veteran.

The Board denied the Veteran's claim for service connection for urticaria, finding that there was no credible evidence linking the current disability to his active duty military service.

The Board has determined that the discontinuance of the Veteran's TDIU rating effective October 1, 2008 was clearly and unmistakably erroneous. Restoration of the TDIU rating for the period from October 1, 2008 to October 19, 2009 is granted.

The Veteran's appeal is being remanded due to the need for additional evidence and clarification of her claim, including records from VA CBOC in Binghamton, New York and any other relevant care providers.

The Veteran's death was caused by acute myelogenous leukemia, which the VA physician found to be at least in equipoise with his in-service exposure to benzene. The claim for service connection is granted.

The appellant's claim for death pension benefits was filed after one year of the Veteran's death, so she is not eligible for benefits prior to January 29, 2010. The appeal is denied.

The Veteran's claim for payment of unauthorized medical expenses incurred at a private facility on August 18, 2009 was denied because the emergency treatment sought did not meet the criteria for reimbursement under VA regulations. The Board found that the Veteran had sufficient time to seek VA care prior to his admission and thus did not present an emergent situation.

The Board has determined that the appellant's PVAO pension was properly considered as income for VA death pension purposes, and thus denied her appeal.

The Board has dismissed the appeal due to the death of the appellant.

The Board denied service connection for malaria and malnutrition, as well as a TDIU rating. The Veteran's active service was with the Philippine Scouts from May 1946 to April 1949, which is not qualifying service for VA pension benefits.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining the one-time payment from the Filipino Veterans Equity Compensation Fund, and therefore legal entitlement to this benefit is denied.

The Veteran's claim for service connection for carcinoid cancer of the colon is being remanded due to incomplete information and need for additional development, including obtaining his complete service personnel records and VA treatment records. The examiner will assess whether the cancer had its clinical onset during service or within a year after separation, and if he engaged in ionizing radiation work that could relate to the condition.

The Board finds that the Veteran does not have arthritis that is attributable to military service or a service-connected disability.

The Veteran's appeal for service connection for subcortical dementia has been dismissed due to his death.

The Board has determined that the Veteran set foot in Vietnam and is presumed to have been exposed to herbicides. His death was caused by myocardial infarction, which is presumptively related to his exposure to herbicides during service.

The Veteran's residuals of a shell fragment wound to the right thigh have not met the criteria for a compensable rating.

The Board has determined that the Veteran does not have a bilateral hand disability as a result of his active duty service and therefore denied his claim for service connection.

The Veteran's pre-existing chronic ear disorder (chronic serous otitis media) did not increase in severity during his period of active service, and therefore, he is not entitled to service connection for this condition.

The Board has determined that the Veteran's bilateral eye disorder, which is a disease and not a congenital defect, was incurred during his period of active service.

The Board has determined that the Veteran does not have a current chronic liver disorder and therefore, service connection for this condition is denied.