Other conditions Board decisions

The Board found that the Veteran's cardiac disability, diagnosed as hypertrophic cardiomyopathy and left ventricular hypertrophy, was not incurred or aggravated due to active service. The disability is considered a direct result of his Reserve service.

The Veteran's claims for increased ratings and TDIU were denied as his service-connected residuals of a fracture of the right fourth metacarpal did not meet the criteria for an increased rating or TDIU.

The Veteran does not have a current disability of an inguinal hernia, status post surgical repair. The Board finds that the weight of the evidence does not establish the existence of a current chronic disability involving an inguinal hernia, status post repair.

The Board has remanded the case for further development due to a lack of clear and unmistakable evidence regarding whether the Veteran's tremor disorder existed prior to service and was not aggravated by service.

The Veteran's congestive heart failure is currently rated at 10 percent, the minimum non-compensable rating. The Board finds that this rating adequately reflects the severity and symptomatology of his condition.

The Veteran's paraplegia below the waist is being remanded for further development and consideration.

The Veteran's claim for education benefits was denied as he did not meet the eligibility criteria under any of the programs addressed, including Chapter 30 (Montgomery GI Bill), Chapter 32 (Veterans Educational Assistance Program (VEAP)), and Chapter 34 conversion (Post-Vietnam Era Educational Assistance Program).

The Board has determined that the Veteran's throat disability, including partial paralysis/montgomery implant/loss of voice/goiter and vocal cord, was not incurred in or aggravated by active service.

The Veteran's service-connected left hand disability is currently evaluated at 10 percent, but the Board finds that it does not meet the criteria for a higher rating.

The Veteran's claim for service connection for PVCs was reopened and granted effective January 17, 2008.

The Board found that the Veteran's tooth loss and abscesses were not caused by VA carelessness, negligence, or similar instance of fault. The medications prescribed for his hypertension are not considered to be a proximate cause.

The Veteran claims service connection for ulcerative colitis with ileostomy and hernias, which he alleges was incurred or aggravated while in active duty training. The Board finds that the claim should be remanded to determine if the Veteran's National Guard service during April-May 1981 constituted ACDUTRA rather than INACDUTRA.

The Veteran seeks service connection for residuals of malaria, including recurrent fever, chills, and night sweats. The Board has determined that a VA examination is needed to determine the current nature and etiology of any such disabilities.

The Board has found new and material evidence to reopen the claim of service connection for a left eye disorder. The Veteran's current diagnoses, including probable amblyopia, raise a reasonable possibility of substantiating his claim.

The Board found no evidence of a current right eye disability and concluded that the Veteran's reported symptoms are not credible. As a result, service connection for a right eye disability cannot be established.

The Veteran's claim for service connection for residuals of dental trauma for teeth numbers 23, 24, 25, and 26 is granted for VA treatment purposes only. The Veteran sustained in-service dental trauma resulting in the loss of these teeth, which qualifies him for VA outpatient dental treatment.

The Board has determined that the appellant had no service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces during World War II and therefore is not eligible for benefits from the Filipino Veterans Equity Compensation Fund.

The Veteran's lung disability, including emphysema, bronchial pneumonia, spontaneous pneumothorax and residuals of thoracotomy, is currently rated as 30 percent disabling beginning on August 17, 2005. The RO has been instructed to obtain additional medical evidence and schedule the Veteran for a VA examination to determine if a higher rating is warranted.

The Board has determined that the appellant does not have qualifying 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 eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board finds that the appellant is not entitled to recognition as the surviving spouse of the Veteran for VA benefit purposes due to their legal divorce in March 1973 and lack of deemed valid marriage. The appellant's receipt of Social Security Administration benefits does not affect this determination.