Other conditions Board decisions

The Board has remanded the case for a travel Board hearing before a Veterans Law Judge at the Newark, New Jersey, Regional Office due to the Veteran's hospitalization in June 2011.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for residuals, colon injury, secondary to radiation seed implant. The case has been remanded due to the need for a VA examination to determine if there are any residual disabilities and whether they were caused by VA fault or not reasonably foreseeable.

The Board has ordered additional development to obtain pertinent medical records and ensure that the Veteran's claims are properly considered. The case will be returned for further review after all necessary actions have been completed.

The Board has determined that the appellant had no qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. As such, they are not eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board denied the claim for an effective date later than April 1, 2009, for the discontinuation of DIC payments due to the death of the Veteran's surviving spouse on April [redacted], 2009. The law mandates that the effective date be the last day of the month before such death occurs.

The Veteran's claim for an increased rating for residuals of a shell fragment wound to the left thigh with partial paralysis of the anterior crural nerve was denied by the Board.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for multiple joint swelling and arthralgia, and gout was incurred in service. The Veteran's current condition of gout is established.

The Board found that the Veteran's death was due to arteriosclerotic heart disease, which is not service-connected. The Board determined that his service-connected cold injury residuals of bilateral feet did not cause or contribute substantially to his death.

The Veteran's left eye disability is not deemed to be caused by VA carelessness, negligence, or error in judgment. The Board found no additional disability due to the VA procedures.

The Board found that the Veteran has continuously experienced symptoms of myasthenia gravis since service, and granted service connection for this condition on a direct basis.

The Veteran's right knee disability, which was initially granted service connection for in September 2006 and rated at 10 percent prior to April 16, 2011, is not entitled to a higher rating during this period.

The Veteran's claim for an increased evaluation of his service-connected left leg varicose veins is being remanded due to the need for a new VA examination and additional medical records.

The Veteran's appeal is being remanded to the RO for further development and readjudication due to new legislation that may affect his claim.

The Veteran's appeal is being remanded to the Department of Veterans Affairs Medical Center in Philadelphia, Pennsylvania for further development and issuance of a Statement of the Case (SOC) addressing his claim for an annual clothing allowance.

The Board finds that the Veteran's left hip disorder is at least as likely as not related to his military service, and grants entitlement to service connection for a left hip disorder.

The Board found that the appellant was not legally married to the Veteran and therefore, she is not recognized as his surviving spouse for VA death benefits.

The Board found that the Veteran's currently diagnosed cataracts are not related to his active service and denied the claim for service connection.

The Board found that the Veteran's colon cancer was incurred in service, specifically during his additional service in the Army Reserves from 1980 to 2005. The medical evidence supports this finding as the tumor was located and removed during a period of ACDUTRA (additional training duty).

The Board has granted the Veteran's service connection claim for left leg varicose veins. The Veteran's preexisting left leg varicose vein disability was shown upon entry onto active duty and underwent an increase in severity beyond its normal progression during his active duty service.

The Board has remanded the case for further development, including obtaining additional service treatment records and arranging for a VA examination to determine if the Veteran has any tooth loss due to dental trauma in service.