Other conditions decisions — 2014

The Board has remanded the case due to new evidence received from the National Personnel Records Center, and because the Veteran's service connection claims must be reconsidered without regard to the previous final denial. The appeal is REMANDED for further development including obtaining updated VA treatment records, arranging for a VA examination of the Veteran to determine the nature and likely etiology of any current respiratory disorder, and arranging for a neurological examination of the Veteran to determine the nature and likely etiology of his left hand ulnar nerve paralysis.

The Veteran's arthritis of the first metatarsal phalangeal joint with bunionectomy of the left foot is currently rated at 10 percent, and no higher. The evidence does not support a finding that warrants an increase in rating.

The Veteran was granted additional compensation for his dependent children and spouse effective April 1, 2010. However, the effective date for the award of additional compensation for his dependents is set at April 16, 2002.

The appellant is not eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund due to the death of the decedent and lack of surviving spouse, as well as the statute's requirement that claims be filed within one year of enactment.

The Veteran's BCCs of the chest, back, arm, leg, and mouth are likely related to his service in Southwest Asia where he was exposed to burn pits. The Board finds that there is not sufficient evidence to disprove this exposure.

The Veteran's request for a waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $12,423.00 was denied as it was not submitted within 180 days of the notification letter.

The Veteran's appeal is being remanded due to his inability to appear at a scheduled hearing and he has requested a videoconference hearing instead.

The appellant was not recognized as the Veteran's surviving spouse for VA death benefits due to her divorce from the Veteran at the time of his death.

The Board has determined that there is no competent, probative evidence suggesting the Veteran currently has any residual eye or nose injuries from service. The claims for service connection are therefore denied.

The Veteran's appeal is remanded due to the need for a VA examination to determine the nature and severity of his postoperative left and/or right inguinal hernia residuals, including whether his current groin pain is related to his service-connected disability.

The Veteran's service-connected right leg disability was found to be manifested by pain, weakness, stiffness, and limited range of motion in the ankle prior to April 29, 2010. After that date, his symptoms included occasional swelling and locking episodes but no additional functional loss due to pain or other related factors. The Board determined these findings did not warrant a higher rating.

The Veteran's claims for service connection for skin lesions and benign prostatic enlargement, both linked to Agent Orange exposure, are being remanded due to the need for additional development.

The Board has granted service connection for a skin disability of the hands, finding that it is related to in-service exposure to various chemicals.

The Veteran's death was caused by squamous cell carcinoma of the esophagus with metastases to the lungs and lymph nodes, which is not service-connected due to lack of evidence linking it to herbicide exposure. The Board denied both the cause-of-death claim for service connection and the DIC benefits claim.

The Board found that the appellant's current skin disorder did not have its onset during service and is not otherwise attributable to his military service.

The Veteran's nightmare disorder is granted service connection as it is associated with his combat experience during World War II. Service connection for PTSD, low back disorder, and tinnitus is not granted.

The Board has remanded the case due to a need for further verification of the appellant's service status, as NPRC determinations are not sufficient for determining valid service.

The Veteran's service-connected bilateral foot disability is manifested by pain, the use of orthotics, some functional limitation, and occasional flare-ups but not by functional impairment or other findings which approximate more than moderate injury of the foot. The Veteran's bilateral foot disability is no more than 10 percent disabling.

The Board has determined that the Veteran's infectious endocarditis is related to his military service and grants service connection for this condition.

The Veteran's appeals for higher ratings on multiple conditions and an earlier effective date for service connection have been dismissed as the issues are no longer pending due to withdrawal of the appeals.