Other conditions decisions — 2014

The Veteran's hypopigmented macules do not meet the criteria for a compensable disability rating under any applicable diagnostic code. The Board finds that his symptoms, while present, do not warrant a higher evaluation.

The Veteran's appeal is being remanded for a videoconference hearing before the Board of Veterans' Appeals.

The Board has remanded the case for additional development due to insufficient consideration of the Veteran's education and work history, as well as inadequate examination reports addressing his functional limitations.

The Board has determined, based on the medical and satisfactory lay evidence, that the Veteran's current costochondritis was incurred during her active service. As a result, the claim for service connection is granted.

The appellant has withdrawn her appeal regarding the issue of recognition as a helpless child on the basis of permanent incapacity for self-support prior to attaining age 18.

The Board has remanded the Veteran's claims for a low back disorder and bowel/bladder dysfunction due to inadequate rationale in the November 2006 VA examination report, and because the issues are intertwined.

The Board has reopened the Veteran's claim for service connection for a right hand disability, secondary to his service-connected residuals of an injury of the right little finger. However, the claim remains denied as there is no evidence showing that the current right hand condition is related to service or service-connected conditions.

The Board has found clear and unmistakable error in the April 12, 1973, June 15, 1973, and December 4, 1996 rating decisions that failed to separately rate psychological symptoms associated with the Veteran's chronic brain injury. As a result, these earlier effective dates are granted for the grant of service connection for chronic brain syndrome due to trauma under Diagnostic Codes 8045 and 9304 (prior to October 23, 2008). The claim of CUE in the May 26, 2010 rating decision that granted an effective date of October 23, 2008 for the grant of service connection for chronic brain syndrome due to trauma is dismissed as moot. The Veteran's TDIU and DEA eligibility claims are denied.

The Board has remanded the case for a VA medical opinion to determine if the Veteran's T-cell PLL, diagnosed post-service and not one of the diseases warranting presumptive service connection for Agent Orange exposure, was related to his military service or any incident therein, including herbicide exposure. The cause of death is intracranial hemorrhage.

The Board denied the Veteran's claim for service connection for a respiratory disorder, including on the basis of exposure to asbestos during service. The VA compensation examiner found no relationship between the Veteran's military service and his current COPD.

The Board denied the Veteran's claim for an earlier effective date than April 1, 2004 for dependency allowance for his child 'M.' The decision is based on lack of entitlement under the law.

The Veteran's claim for TDIU was denied in a June 1995 rating decision. The effective date of the grant of TDIU has been set at May 7, 2003, which is when the Veteran filed his new claim to reopen.

The Board found that there is no credible evidence linking the current knee disabilities to service, and thus denied the Veteran's claim for service connection.

The Veteran's combined rating for his service-connected conditions (regional ileitis and varicocele) is sufficient to meet the criteria for a TDIU, but he is not unemployable due to these disabilities alone.

The Board denied the Veteran's claim for an earlier effective date for adding his spouse as a dependent to his VA disability compensation, finding that the earliest date he was entitled to receive additional compensation for a dependent spouse was June 1, 2009.

The Board denied the appellant's claim for an earlier effective date for VA improved death pension benefits, finding that she did not file her claim within one year of her husband's death and thus was not eligible for benefits prior to April 28, 2009.

The Board has determined that the appellant is not eligible for VA home loan benefits due to his discharge under conditions other than honorable.

The appellant is not recognized as the Veteran's surviving spouse for purposes of establishing eligibility for Dependency and Indemnity Compensation (DIC) benefits due to her remarriage after December 16, 2003.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund (FVEC) as she did not have qualifying service and her deceased husband died before the enactment of the legislation providing FVEC.

The Board has determined that additional development is necessary before the claims for service connection for chronic left and right hip strains can be adjudicated.