Other conditions Board decisions

The Veteran's residuals of fracture, left tibia and fibula have been rated at the maximum 40 percent since March 25, 2008. His varicose veins, left leg, are also rated at the maximum 40 percent since March 25, 2008.

The Board has determined that the Veteran's residuals of a brain tumor, status-post craniotomy, meet the criteria for service connection and is granted.

The Board found that the appellant's character of discharge from service constituted a bar to receipt of VA compensation benefits, as his offenses were not deemed insane at the time they occurred.

The Board is remanding the appellant's claim for a medical nexus opinion to determine if the Veteran's service-connected syphilis contributed to his death in January 1977. The VA will also attempt to obtain relevant post-service private medical records concerning treatment the Veteran reportedly received for syphilis from Drs. W and M of Dawson, Georgia.

The Veteran's claim for an earlier effective date for compensation benefits under 38 U.S.C.A. § 1151 was denied as the first indication of intent to file a claim occurred in June 2009, which is after the date injury or aggravation was suffered (June 26, 1997).

The Board has determined that the Veteran's dysthymic disorder warrants a 70 percent disability rating for the entire period of claim, meeting the criteria for such under Diagnostic Code 9433.

The Veteran's son seeks benefits under Chapter 18 of Title 38 for a birth defect, but the condition is not considered to be a form or manifestation of spina bifida. The mother did not serve in Vietnam and therefore does not qualify for benefits.

The Board has determined that the appellant 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, he is not legally entitled to one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran was granted service connection for bilateral athlete's foot, but assigned a noncompensable rating. The appeal is about the initial rating following grant of service connection.

The Board has determined that the appellant does not meet the basic eligibility requirements for a one-time payment from the FVEC fund due to lack of qualifying military service.

The Board finds that the Veteran did not experience loss of teeth due to in-service dental trauma and thus, service connection for compensation purposes is denied. However, the Veteran may be eligible for VA outpatient dental treatment based on his current dental condition.

The appellant does not have recognized active military service for the purpose of obtaining a one-time payment from the FVEC Fund, and her claim is therefore denied.

The Board has denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board has remanded the case due to a need for further verification of the appellant's service as a recognized guerrilla in the Philippine Commonwealth Army. The appeal will be reconsidered after this development.

The appellant does not meet the basic eligibility requirements for a one-time payment from the FVEC Fund due to lack of qualifying service, and therefore, the claim is denied.

The Board found that the appellant's service with the Luzon Guerilla Army Forces in the Pangasian Military Area from July 1944 to September 1945 does not qualify him for nonservice-connected pension benefits as it is excluded for purposes of entitlement to such benefits.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Veteran's service is not considered qualifying service for the one-time payment from the Filipino Veterans Equity Compensation Fund, as he served in the Navy of the United States and not in the organized military forces of the Government of the Commonwealth of the Philippines.

The Veteran seeks service connection for colon cancer, which he alleges is related to his active duty service. The case is remanded due to the lack of relevant VA treatment records and SSA disability records.

The Veteran's death occurred many years before the enactment of the 2009 law establishing the FVECF, and therefore the Appellant is not eligible for a one-time payment from this fund.