Other conditions decisions — 2014

The Board denied the appellant's claim for a one-time payment from the FVEC fund because her father did not file a claim before his death, and therefore she is not eligible to receive the payment on his behalf.

The Board has determined that additional development is needed before the claims for service connection for cause of death, death pension benefits, and accrued benefits can be adjudicated. Specifically, terminal care records from Granby House nursing home need to be obtained.

The appellant is seeking non-service-connected burial benefits for her deceased husband. The Board found that the decedent did not meet any of the eligibility criteria for such benefits, including having served in active military service or receiving VA compensation and pension at the time of his death.

The Veteran's left ear cancer is found to be incurred as a result of herbicide exposure during service, and thus granted service connection.

The Board is remanding the case for additional development, including obtaining archived records from Tripler Army Medical Center and US Army bases in South Korea. The appellant will also receive notice regarding her claims to reopen service connection for the cause of the Veteran's death and DIC under 38 U.S.C.A. § 1318.

The Board found that the overpayment of VA pension benefits in the amount of $13,949.90 was validly created due to the Veteran's status as a fugitive felon during the period from June 30, 2003 to December 1, 2004.

The Veteran's claim for service connection for her residuals of breast cancer is being remanded due to the need for a new VA examination and consideration of additional medical evidence.

The Veteran's appeal was dismissed due to his death, and the claim has been referred back to the original VA Medical Center in Ann Arbor, Michigan.

The Board has remanded the case for a personal hearing before the AOJ as requested by the appellant. The appeal will be readjudicated after any necessary development.

The Board denied the Veteran's claims for service connection for prostate and sinus disorders, finding that there is no evidence of a current disability or causal link to his active military service.

The Board found no evidence to support a connection between the Veteran's current respiratory/pulmonary disorder and his active service, including asbestos exposure or tonsillectomy. The Veteran's symptoms are believed to have developed after service.

The Veteran's income exceeded the maximum annual pension rate for a Veteran with one dependent, thus he is not eligible for nonservice-connected pension benefits prior to January 1, 2013.

The Board has determined that the Veteran's service-connected hammertoe and residuals of a proximal interphalangeal fusion of the second digit of the right foot warrants an initial compensable evaluation (10%) under Diagnostic Code 5284.

The Veteran's heart murmur is considered a congenital defect that existed prior to service and did not undergo an increase in severity during service. The examiner will need to provide additional opinions regarding the current diagnoses of tricuspid regurgitation, insomnia, and sleep apnea.

The Veteran's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund was denied as he did not have qualifying service.

The Veteran's service-connected peroneal tendinitis of the right foot is not shown to be productive of moderate impairment, and therefore a compensable rating is denied.

The Board has granted service connection for Dupuytren's contracture of the right hand and left hands, finding that they are aggravated by the Veteran's service-connected diabetes mellitus. The claims for increased evaluation for diabetes mellitus and TDIU remain pending.

The Veteran's claim for an initial rating in excess of 10 percent for his service-connected left thigh injury was granted, and he is now receiving a 10 percent evaluation. The claim for peripheral neuropathy of the left lower extremity remains pending.

The Board has determined that the Veteran's Systemic Lupus Erythematosus is incurred in active military service, as it cannot be reasonably disassociated with her service.

The Veteran's service-connected status-post left varicocelectomy is not shown to warrant a disability rating greater than 10 percent on a schedular basis prior to January 17, 2006 and from April 1, 2006.