Other conditions decisions — 2014

The Veteran's claim for service connection for numbness of the right foot has not been reopened, and his left hamstring disability is currently rated at 40%.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's service was not during a period of war, thus he does not meet the threshold requirement for eligibility for nonservice-connected VA pension benefits.

The Board has granted service connection for endometriosis resulting in residuals of a hysterectomy with bilateral salpingo-oophorectomy and assigned a 10 percent evaluation effective from December 4, 2006. The issue of an initial rating in excess of 10 percent for vaginitis is remanded.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a new examination to assess the severity of his service-connected perianal abscess and pilonidal cyst.

The Veteran died of cancer at a private hospital. The VA did not find evidence that he was hospitalized by VA or had pending claims for benefits, nor does the record indicate his body is being held due to lack of next of kin. Therefore, the criteria for non-service-connected burial benefits are not met.

The Board finds that the appellant is entitled to a full refund of any and all amounts collected or garnished for the period of January 2010 to August 2012 due to VA's incompetence in processing her employment information.

The Veteran's cause of death, glioblastoma multiforme, was not incurred in or related to service. The Board found no evidence linking the Veteran's glioblastoma multiforme to his military service, including exposure to herbicides.

The Board has determined that the appellant is entitled to $460 in monthly VA death pension benefits, which is at least equal to what she is entitled to based on her reported income and unreimbursed medical expenses.

The Board has determined that an effective date of December 3, 1985 is granted for the grant of service connection for the cause of the Veteran's death due to a soft tissue sarcoma as presumed due to in-service herbicide exposure.

The Veteran's son is not eligible for educational assistance benefits under the GI Bill, VEGIB, or DEA programs due to his age at the time of application.

The Board has determined that the Veteran's colon cancer, which developed after his service, is due to his exposure to asbestos during active duty. As a result, the claim for service connection is granted.

The Board has granted a separate 10 percent rating for hypermobility of the left patella, finding it to be a manifestation of the Veteran's service-connected chondromalacia patella. The current effective date is not specified.

The Board has determined that the Appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including in recognized guerrillas, to qualify for benefits from the Filipino Veterans Equity Compensation Fund.

The Veteran's claim for an increased rating for right eye pterygium was denied, as the evidence did not show that his symptoms warranted a higher evaluation. The service connection claim for prostate cancer was also denied due to lack of evidence linking the condition to service. Bilateral hearing loss is addressed in a separate remand.

The Board has found no evidence of a current prostate disability and the Veteran's assertions are not supported by competent medical evidence. Service connection for prostate disability is therefore denied.

The Veteran's claim for an effective date prior to March 17, 2008 for service connection of a mood disorder and TDIU was denied as the earliest possible effective dates are March 17, 2008.

The Veteran's claim for an effective date prior to January 1, 2009 for additional disability compensation for a dependent spouse is denied. The evidence does not show that the information needed to award additional compensation for her dependent spouse was received within one year of notification of the March 2007 rating decision.

The Veteran's right thigh and right leg phlebitis is currently rated at 60 percent, but the Board has determined that it warrants a 100 percent rating due to severe edema with constant pain at rest.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination to assess his service-connected bilateral knee disabilities.