Other conditions decisions — 2014

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for a dental disability resulting from medical and dental treatment at VA facilities since July 1974 is denied as he has not developed an additional dental disability.

The Veteran's hammertoes of the left foot have been productive of complaints of pain, weakness, stiffness, and fatigability since the effective date of service connection. The Board has granted a 10 percent disability rating for this condition.

The Veteran's right knee disability, other than on the basis of instability, is manifested by dislocated semilunar cartilage with frequent episodes of 'locking', pain, and effusion into the joint. The criteria for a rating of 20 percent have been met.

The Board has determined that the Veteran's Sjögren's syndrome is service-connected, and thus her claim for gastroenteritis as secondary to this condition is also granted.

The Veteran's right hip disability has not resulted in limitation of flexion to 30 degrees, or ankylosis of the hip, or limitation of abduction beyond 10 degrees. Therefore, a higher rating for degenerative joint disease of the right hip is denied.

The Veteran's claim for service connection for urinary frequency has been denied as there is no evidence of a current disability that is related to his military service or any service-connected condition.

The Board found that the appellant was not a fugitive felon for VA compensation purposes during the period from June [redacted], 2006 to August [redacted], 2006, and thus the termination of his VA benefits was improper.

The Board has remanded the case for further development and examination, including obtaining updated treatment records and arranging a VA examination to assess the Veteran's duodenal ulcer. The TDIU claim is also being remanded.

The Veteran's claim for service connection for rectal cancer due to herbicide exposure is being remanded for further development, including obtaining additional medical records and scheduling a VA examination.

The Veteran's claim for service connection for a left psoas abscess is being remanded due to the need for additional development, including obtaining records from SSA and HAC.

The Veteran's right ankle disability, characterized by malunited fracture of the right medial malleolus and old post-traumatic changes with a posterior calcaneal spur, is not manifested by nonunion or ankylosis. The claim for increased rating was denied as the evidence does not support a higher evaluation under any applicable diagnostic codes.

The Board found that the Appellant did not file a timely notice of disagreement against the April 2006 decision denying her claims for DIC and accrued benefits, resulting in the denial of these claims.

The Veteran's appeal is denied as he does not have any additional educational assistance benefits under the Post-9/11 GI Bill beyond one month.

The Board has determined that the claimant did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, they are ineligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has remanded the case due to issues related to substitution of the appellant for the Veteran and additional development is required.

The Board has remanded the case due to the Veteran's incarceration and requests for a rescheduled hearing. The appeal is not about service connection.

The Board found that the appellant's substantive appeal was untimely and denied her claim.

The Board found that the overpayment of $30,537.80 was properly created due to the appellant's failure to report his incarceration and subsequently waived recovery of this overpayment as it would cause undue hardship.

The Veteran's claim for a higher rating for his service-connected herniated disc and spinal stenosis was denied as the evidence did not show unfavorable ankylosis or incapacitating episodes of intervertebral disc syndrome.

The Veteran's claim for nonservice-connected pension was denied as he did not meet the threshold eligibility requirement due to lack of wartime service in Vietnam.