Other conditions Board decisions

The Board has granted the Veteran's claim of service connection for gout.

The VA has denied a higher initial rating for Raynaud's syndrome, as the condition does not meet the criteria for a rating in excess of 40 percent.

The RO reduced the Veteran's rating for his service-connected convulsive disorder from 20 percent to 10 percent effective July 1, 2008. The reduction was proper as there was no evidence of grand mal seizures in over two decades and medical records did not attribute the Veteran's symptoms to a convulsive disorder.

The Veteran's cause of death was respiratory failure, with nasopharyngeal carcinoma contributing to his condition. The Board found no service connection for the cause of death as there is no evidence linking the cancer or its effects to service. The claim for nonservice-connected death pension benefits is addressed in a separate REMAND.

The Board denied the reopening of a claim for service connection for residuals of contusion to the scalp and abrasion and contusion to the forehead, as new and material evidence had not been received.

The Board has remanded the case due to incomplete medical records and the need for a medical opinion regarding the Veteran's hearing loss and exposure to asbestos.

The Board found that the reduction in VA compensation benefits due to adjustment for dependent spouse was proper, and the effective dates of the removal and addition of the Veteran's dependents were also proper. The appeal is denied.

The Board found that the appellant's father did not have qualifying military service in the Philippine Commonwealth Army, including recognized guerrillas, and thus does not qualify as a veteran for VA benefits. As a result, the appellant is not entitled to death benefits.

The Veteran's death was not due to a service-connected disability, and he did not meet the criteria for nonservice-connected burial benefits as his body was not held by a State or unclaimed. The appeal is denied.

The Board found that the Veteran's stroke in February 2009 was not caused by VA care, and thus denied compensation under 38 U.S.C.A. § 1151.

The Veteran's appeal is remanded due to the need for a personal hearing before a Veterans Law Judge seated at the RO.

The Board found that the overpayment of $2871.54 was properly created due to the Veteran's status as a fugitive felon from July 12, 2004 to February 10, 2007 and granted a partial waiver of this debt.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing a VA examination to determine the nature and etiology of any current residuals of a right ankle injury and current residuals of an injury to the toes of both feet.

The Veteran's claim for service connection for residuals of a distal right middle finger fracture was received on January 12, 2010. The effective date cannot be earlier than the date his claim was received as there is no evidence that he filed an earlier claim or that entitlement arose prior to this date.

The Board has ordered a remand to determine if the Veteran's widow was owed unpaid VA death pension benefits at her time of death and whether these should be used to reimburse the appellant for burial expenses.

The Veteran's service-connected status-post fracture of the fourth metacarpal of his right hand has not been shown to meet or approximate the criteria for a compensable evaluation.

The Veteran's claim for reimbursement of the cost of his AAAE Certified Member test taken on November 14, 2009 was denied by the VA because it was received more than one year after the test date.

The Veteran's service did not occur during a period of war, thus he does not meet the basic eligibility requirements for nonservice-connected disability pension.

The Board found that the overpayment of $3000 was properly created and denied the waiver of recovery, citing fault on both the appellant's part for requesting benefits he was not entitled to, and VA's fault in erroneously awarding him the benefits.

The Board denied the Veteran's claim for basic eligibility for educational assistance under Chapter 30 (Montgomery GI Bill or MGIB) because his service did not meet the required criteria of three continuous years of honorable active duty, and he was discharged due to misconduct. The appeal is dismissed as a matter of law.