Other conditions decisions — 2016

The Department of the Army has certified that the appellant has no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces during World War II. Therefore, he is not legally considered a veteran and does not have eligibility for VA benefits or payment from the FVEC fund.

The Board has determined that the Veteran's left great toe disability and arthritis did not manifest in service or until years after separation, and are not otherwise etiologically related to service.,There is no legal basis for entitlement to service connection for low potassium.

The Board found that the Veteran's current low back disability, including L5-S1 posterior facet sclerosis and Degenerative Joint Disease (DJD), was not incurred in or aggravated by active service. The preponderance of evidence did not support a nexus to military service.

The Veteran's claim for additional Post-9/11 GI Bill (Chapter 33) education benefits for the period from August 1, 2013 to July 31, 2014 was denied as he received the maximum educational benefits allowed by law.

The Veteran did not have a pending claim or appeal at the time of his death, and Appellant's claim for accrued benefits was filed more than twelve years after the Veteran's death. Therefore, her appeal is denied.

The Board found that the Veteran did not file a timely notice of disagreement with respect to the September 2010 determination reducing his pension benefits due to incarceration, and therefore denied the appeal.

The Veteran's service connection claim for bilateral foot disabilities, including hallux valgus, was granted. His increased rating claims for mid-back strain were denied prior to December 19, 2011 and granted from that date onwards.

The Board found that the Veteran did not develop a qualifying additional disability due to VA treatment, and thus denied her claim for compensation under 38 U.S.C.A. § 1151.

The Board has remanded the case for a videoconference hearing due to the appellant's request. The issues of service connection for emphysema and reopening the dental condition claim are still pending.

The Board denied the Veteran's claims for service connection for pancreatitis and a gall bladder disability, finding that there was no evidence of onset during active service or etiological relationship to service. The Veteran is also not entitled to special monthly compensation based on need for aid and attendance or housebound status.

The Board found that the Veteran's cataracts did not result in corrected visual acuity of one eye of less than 20/40 or worse, and thus denied a compensable rating for his service-connected cataracts.

The Board has decided to remand the case for additional development, including obtaining updated VA and private treatment records and scheduling a VA examination.

The Board has determined that the reduction in evaluation of the Veteran's right elbow pain and degenerative joint disease with joint spur from 50 percent to 10 percent was proper.

The Veteran's non-Hodgkin's lymphoma was not incurred in service and is not presumed to have been so incurred. The Board finds that his exposure to Agent Orange during service did not occur at Eglin Air Force Base, Florida.

The Veteran's right calf, status post shrapnel wound, was rated at 30 percent from December 18, 2009 to May 7, 2014. The claim for a higher rating remains in appellate status.

The Board has determined that additional development is needed to clarify the nature and likely etiology of the Veteran's claimed residuals from a craniotomy for removal of a colloid cyst, as well as his head injury. The case will be remanded for further action.

The Board denied service connection for Acute Myeloid Leukemia (AML) due to exposure to chemical solvents, including benzene. The claim for the cause of death was also denied.

The Veteran's entire period of active service from February 19, 2002 to February 18, 2006 is considered creditable for purposes of educational benefits under the Post-9/11 GI Bill. As his creditable service amounts to exactly 12 months, he is eligible for a maximum payment rate of 60 percent.

The Board is remanding the case to obtain additional medical records and conduct further examination to determine if the Veteran's left foot disability was aggravated by his period of active duty training in 1971.

The Veteran's bronchiectasis with drug dependence was rated at 30 percent prior to August 5, 2013. The Board found that the evidence did not meet the criteria for a higher rating under Diagnostic Code 6601 or 6600.