Other conditions Board decisions

The Veteran's right ankle disability, characterized by malunited fracture of the right medial malleolus and old post-traumatic changes with a posterior calcaneal spur, is not manifested by nonunion or ankylosis. The claim for increased rating was denied as the evidence does not support a higher evaluation under any applicable diagnostic codes.

The Board found that the Appellant did not file a timely notice of disagreement against the April 2006 decision denying her claims for DIC and accrued benefits, resulting in the denial of these claims.

The Veteran's appeal is denied as he does not have any additional educational assistance benefits under the Post-9/11 GI Bill beyond one month.

The Board has determined that the claimant did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, they are ineligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has remanded the case due to issues related to substitution of the appellant for the Veteran and additional development is required.

The Board has remanded the case due to the Veteran's incarceration and requests for a rescheduled hearing. The appeal is not about service connection.

The Board found that the appellant's substantive appeal was untimely and denied her claim.

The Board found that the overpayment of $30,537.80 was properly created due to the appellant's failure to report his incarceration and subsequently waived recovery of this overpayment as it would cause undue hardship.

The Veteran's claim for a higher rating for his service-connected herniated disc and spinal stenosis was denied as the evidence did not show unfavorable ankylosis or incapacitating episodes of intervertebral disc syndrome.

The Veteran's claim for nonservice-connected pension was denied as he did not meet the threshold eligibility requirement due to lack of wartime service in Vietnam.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a new examination to assess the current severity of his service-connected bilateral patellofemoral pain syndrome.

The Board has determined that the evidence is approximately evenly balanced as to whether the Veteran's myelodysplastic syndrome is related to military service, specifically exposure to Agent Orange in Vietnam. The claim for service connection is granted.

The Board has remanded the case due to a need for clarification on the effective date of Dependents' Educational Assistance (DEA) benefits awarded under 38 U.S.C.A. Chapter 35.

The Veteran's appeal is being remanded to obtain a new VA examination for his service-connected temporomandibular joint syndrome, as the current evidence of record raises questions about its severity.

The Veteran's bilateral lower leg wounds and ulcers are not considered to be proximately due to or aggravated by his service-connected pes planus disability.

The Board has remanded the case for a videoconference hearing before a Veterans Law Judge at the Togus RO in Augusta, Maine. The Veteran and his attorney will be notified of the date and time of the hearing.

The Board finds that the Veteran's left arm disability, including a rotator cuff tear and os acromiale, is not related to service. The VA examiner opined that the current disabilities are less likely than not incurred in or caused by an in-service injury.

The Board found that the Veteran's cholangiocarcinoma is not related to service, a claimed liver fluke infection, or exposure to herbicides in service. The evidence did not establish any parasitic infection in service and the Veteran's current symptoms are not credible.

The Board has determined that the appellant's hernias and their residuals are not related to his military service, leading to a denial of his claim for service connection.

The Board has remanded the case for a personal hearing before a Veterans Law Judge (VLJ) sitting in Washington DC due to the Veteran's request. The appeal is not about service connection and thus does not involve any conditions or exposure basis.