Other conditions decisions — 2014

The Veteran's surviving spouse submitted a claim for one-time payment from the Filipino Veterans Equity Compensation Fund, but as she died before the enactment of the legislation providing this fund, she is not eligible to receive benefits.

The Board has determined that the Veteran was exposed to herbicides while stationed in Thailand during his service, and therefore, primary amyloidosis, which is a disease associated with such exposure, can be considered as service-connected. The cause of death, primary amyloidosis, is thus deemed service-connected.

The case is being remanded for further development to determine if the Veteran had exposure to mustard gas during his service on Johnston Island, which could be related to his later metastatic cholangiocarcinoma. The VA will provide an opinion regarding this relationship.

The Board has determined that the overpayment of $3,000 in VA education benefits was not properly created due to multiple errors on the part of VA.

The Veteran's claim for service connection for reactive airway disease is being remanded due to the need for additional medical opinions regarding the etiology of his condition.

The Veteran's appeal is denied as the Board finds that he lacks the mental capacity to manage his VA funds without limitation.

The Veteran's bilateral eye condition did not have onset during active service and was not caused by any event, injury, or disease during his military service. The Board therefore denied the claim for service connection.

The Board has determined that the Veteran's anemia was not incurred in or aggravated by his military service, nor may it be presumed to have been incurred in or aggravated by service. The Board also found that the anemia is not caused or aggravated by his service-connected coronary artery disease.

The Board has denied the Veteran's claim for service connection for residuals of a head injury due to insufficient evidence and further development is needed.

The Veteran's claim for an initial compensable rating for service-connected bilateral shin strain without residuals is being remanded due to the need for more contemporaneous medical findings and VA treatment records.

The Veteran's residuals of subdural hematoma have been rated as 30 percent disabling since the onset, and a combined rating of 40 percent is now granted for the period since October 23, 2008.

The Veteran's left leg disorder, including osteomyelitis, edema, and cellulitis, is not considered to be due to VA carelessness or negligence. The Board finds that the proximate cause of these additional disabilities was not reasonably foreseeable.

The claim for VA burial benefits is denied as the application was received more than two years after the Veteran's final burial services.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling a VA examination to determine the severity of the Veteran's service-connected atrial fibrillation.

The Board has remanded the case for further development and readjudication due to a need for a VA compensation examination regarding the etiology of the Veteran's claimed disability.

The Board has decided to remand the case due to incomplete development, specifically regarding an autopsy report and its relevance to the cause of death. The VA will obtain a release from the appellant for Sentara Careplex and contact them to get the necessary information.

The Veteran's appeal for an initial compensable rating for hallux valgus of the left foot has been dismissed as he requested to withdraw his appeal.

The Veteran's right eye disability results in no light perception, warranting a 30 percent rating. The Veteran is not entitled to higher special monthly compensation due to blindness of one eye.

The Veteran's claim for service connection for residuals of appendicitis was denied as there is no evidence that he underwent an appendectomy in service. The heart murmur issue remains pending.

The Veteran's claim for an extension of his delimiting date for educational assistance benefits beyond May 25, 2002 was denied as the legal criteria governing the payment of education benefits are clear and specific. No exception is provided for circumstances such as those described by the Veteran.