Other conditions Board decisions

The Board denied the moving party's claim for recognition as the Veteran's surviving spouse, finding that her marriage to the Veteran was invalid due to a legal impediment under Philippine law. The decision is final and cannot be revised on grounds of CUE.

The appellant's spouse did not have recognized service in the U.S. Armed Forces, including as a guerrilla, during World War II and therefore is not eligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's claim of an annual clothing allowance for the year 2010 was denied by the VAMC in Temple, Texas. The decision is being remanded due to a lack of supporting medical evidence from his previous award in 2008.

The Board has decided that additional evidence is needed and the case is being sent back to the Department of Veterans Affairs (VA) Regional Office for further review. The Veteran's service-connected bilateral foot disabilities are being examined again to determine their current severity.

The Veteran's claim for an earlier effective date of service connection for squamous cell carcinoma, left tonsil, status post surgery is dismissed as the January 2001 rating decision has become final.

The Board found that the appellant's discharge under other than honorable conditions resulted from willful and persistent misconduct, was not due to a mere minor offense, and was not otherwise honest, faithful, and meritorious. The character of her service is therefore considered a bar to VA benefits.

The Veteran's service-connected right elbow disorder has been evaluated as 10 percent disabling based on limitation of motion. The disability does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's claim for additional educational assistance benefits under the Post-9/11 GI Bill is denied as he has already received the maximum amount of education benefits available to him under other programs, including Chapter 30 and Chapter 1606.

The Board found that the Veteran's additional disabilities were not caused by VA medical care, and thus denied compensation benefits under 38 U.S.C.A. § 1151 for both his right leg amputation residuals and degenerative joint disease of the spine.

The Veteran's appeal is being remanded for additional development due to the need for a new VA examination to assess his postoperative variocele with ilio-inguinal nerve pain.

The Veteran's service-connected granuloma of the left lung is currently rated as noncompensable due to its asymptomatic nature and lack of associated pulmonary disability.

The Board has determined that a new medical opinion is needed to determine if the Veteran's death was related to his service or any incident therein, including his March 1953 surgery. The expert must also discuss whether internal scars from the service SFW caused intubation difficulties and if so, whether this delay in intubation contributed to the Veteran's death.

The Board has determined that the Veteran's death was due to a service-connected condition, specifically his cardiovascular-renal disease. The fall and head injury in service are considered contributory causes of death.

The Board has determined that further development is necessary due to the Veteran's reported income and unreimbursed medical expenses. The case is being remanded for clarification of his sources of income, including any pension income, and for submission of information regarding unreimbursed medical expenses from 2012 to the present as well as expenses related to the last illness and burial of his spouse.

The Veteran's claim for a higher rating for his shrapnel wound of the right thigh resulting in injury to Muscle Group XIV is being remanded due to the need for a videoconference hearing before the Board.

The Board has determined that the Veteran's ulcerative colitis warrants an initial evaluation of 60 percent, reflecting severe in nature with numerous attacks per year and fair health during remission.

The Veteran's death was not due to service-connected causes, and the Board found that he did not meet the criteria for DIC benefits under section 1318.

The Veteran's left thigh muscle overuse syndrome is currently rated at a 10 percent disability level, which meets the criteria for her claim.

The Board has determined that the Veteran's idiopathic familial tremor disability is adequately rated at 30 percent under the schedular criteria, and an extraschedular rating in excess of this is not warranted due to lack of marked interference with employment or frequent hospitalizations.

The Board found that the Veteran's current bilateral eye disability, including dry eye, meibomian gland dysfunction, cataracts, and refractive error, is not causally or etiologically related to service. The disability was first diagnosed many years after service separation.