Other conditions Board decisions

The Veteran's cerebrovascular accident and resulting residuals are found to be due to uncontrolled hypertension, which did not meet a reasonable standard of care. The Board grants compensation benefits under the provisions of 38 U.S.C.A. § 1151.

The Board has determined that the appellant does not have qualifying service and therefore does not meet the requirements for basic eligibility to receive a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation 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 case is being remanded for scheduling a videoconference Board hearing at the RO. The appellant will be notified of the date and time of the hearing.

The Veteran's bowel adhesions were granted service connection effective April 1, 2008. Her laparoscopy scar is rated at 10 percent and her small bowel resection due to adhesions associated with left salpingo-oophorectomy is also rated at 10 percent.

The Veteran was granted service connection for impairment of facial muscles, including the Masseter muscle and Aeragoid muscles from December 20, 1973 to June 1, 1995. He was also granted a compensable rating for impairment of right fifth cranial nerve from December 14, 2006 onward.,The Veteran's service-connected impairment of facial muscles, including the Masseter muscle and Aeragoid muscles were rated at 10 percent from June 1, 1995 to December 14, 2006. He was also granted a compensable rating for impairment of left seventh cranial nerve from December 14, 2006 onward.,The Veteran's service-connected impairment of facial muscles, including the Masseter muscle and Aeragoid muscles were rated at 20 percent from December 14, 2006 onward. He was also granted a compensable rating for impairment of right fifth cranial nerve from December 14, 2006 onward.

The Veteran's appeal has been withdrawn before the Board could make a decision.

The Veteran's appeal is being remanded for a Board videoconference hearing. The overpayment in the amount of $9,062 will be reconsidered after the hearing.

The Board has determined that the Veteran's claims for service connection for nerve damage with numbness and pain of the bilateral feet, hips, thighs, and lower back and dizzy spells, as well as his claim for compensation under 38 U.S.C.A. § 1151 for staples in the right side of the hip, status post prostate cancer surgery, have been denied due to lack of evidence showing that any additional disability was proximately caused by VA care or treatment.

The Veteran's claims for increased evaluations for residuals of cold injury to both feet were denied as the evidence did not show that his symptoms warranted a higher evaluation.

The Board found that the Veteran's claimed arm and leg pains are not related to his active service, including as an undiagnosed illness. The pain is attributed to osteoarthritis of the joints.

The Board denied the appellant's claim for accrued benefits, finding that he did not provide evidence showing he bore any of the Veteran's last sickness expenses. As a result, only the $300 VA has already reimbursed him for the Veteran's funeral costs is allowed.

The Veteran's current gland disorder and lymph node enlargement were not shown to be related to his service-connected condition, dissecting scalp cellulitis with keloid formation and alopecia.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance was denied as he is not bedridden or in need of regular aid and attendance by another person due to his service-connected disabilities. The Veteran's claim for specially adapted housing allowance was also denied.

The case is being returned to the RO for further development and consideration of additional evidence submitted by the Veteran.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for the cause of death due to Agent Orange exposure, but not for cirrhosis of the liver. The appellant's claims are pending further development.

The VA denied compensation under 38 U.S.C.A. § 1151 for additional disability of the feet as a result of surgery performed in November 2005, finding that no additional disability was caused by carelessness or negligence on the part of VA.

The Board has remanded the case for additional development due to the need for copies of MRI scan reports and other medical records.

The Veteran's appeal is remanded due to continued complaints of right knee pain and the need for additional VA and private treatment records. The claim may also be referred for extraschedular consideration.

The Board has ordered a remand to obtain additional medical records and provide the Appellant with appropriate VCAA notice. The VA will then request these records, review them in light of the new information, and provide an addendum opinion on whether COPD was a serious obstacle to the treatment of lung cancer.