Other conditions decisions — 2014

The Board has granted a 20 percent rating for the Veteran's torn medial meniscus since November 17, 2011. The initial rating of 10 percent for the right ACL remains unchanged.

The Board found no current residual of in-service head injuries and denied the claim for service connection.

The Board has determined that the Veteran's death was caused by his service-connected metastatic gastric cancer, which is presumed to be related to herbicide exposure in Vietnam. The Veteran also received a service-connected burial allowance.

The Board has determined that the veteran does not have recognized active military service as required to establish eligibility for benefits from the Filipino Veterans Equity Compensation Fund, and thus denied the claim.

The Veteran's claim for increased ratings for agoraphobia and TDIU was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 30 percent prior to May 28, 2008 or 70 percent beginning May 28, 2008.

The Board finds that the evidence is at least in equipoise and service connection for non-Hodgkin's lymphoma is warranted. The claim is granted.

The Veteran's permanent and total service-connected disability due to the loss of left lower extremity, together with residuals of organic disease or injury, results in impairment affecting multiple systems including neurological and vascular impairment. This meets the criteria for specially adapted housing.

The Veteran's claim for service connection for a gum and tooth condition for compensation purposes is denied as his conditions do not meet the criteria for VA compensation.

The Veteran's request for additional compensation benefits for his dependent child J.H. based on school attendance from August 2007 to June 2008 was denied as the claim was not received within one year of J.H.'s 18th birthday.

The Board denied the appellant's claim for payment of attorney or agent fees based on a VA decision dated November 25, 2008.

The Veteran's claim for service connection for a left foot disability, diagnosed as hallux valgus, is granted. The Board finds the Veteran's statements establishing continuous and chronic symptoms since service to be credible.

The Veteran's claim for a higher rating for his low back disability has been granted, with the effective date being determined by the RO.

The Veteran's claim for service connection for squamous cell carcinoma of the left tonsil is being remanded due to the need to obtain additional medical records and determine if there are any other parts of his body affected by cancer. The issue will be reconsidered after these actions.

The Veteran's appeal for a higher disability rating for prostate cancer residuals has been granted, with the effective date being July 18, 2008. The Board also found that his TDIU claim is reasonably raised and considered part of his increased rating claim.

The Veteran's overpayment of VA disability compensation benefits was denied because the fault lies with him for not reporting his incarceration, and repayment would not cause undue financial hardship.

The Board has remanded the case due to incomplete records and a need for further examination regarding the Veteran's stroke residuals.

The Veteran died from a pulmonary embolism, which the VA examiner opined may have been aggravated by her service-connected right ankle disability. The cause of death is being reviewed to determine if it was related to military service.

The Veteran's claim for service connection for muscular skeletal pain and flu symptoms, to include as due to an undiagnosed illness, has been granted. The Board found that the Veteran has a current diagnosis of fibromyalgia, which is considered a qualifying chronic disability under the provisions of 38 C.F.R. § 3.317 for Persian Gulf War veterans.

The Board dismissed the appeal due to the appellant's death.

The Veteran's effective date for additional compensation benefits for his spouse and child was not earlier than March 16, 2010 due to the one-year time period lapsed since he did not notify VA of their existence within that timeframe.