Other conditions Board decisions

The Board determined that the appellant does not have recognized active military service for the purpose of obtaining the one-time payment from the Filipino Veterans Equity Compensation Fund, and therefore denied legal entitlement to this benefit.

The Veteran's service on and after September 11, 2001, was composed entirely of Active Guard/Reserve service under Title 32 of the United States Code. The Board finds that he does not have qualifying active duty to be eligible for education benefits under the Post 9/11 G.I. Bill.

The Board has found that the appellant was entitled to recognition as the Veteran's surviving spouse at the time of his death. The issue now is whether she remains eligible for VA benefits given her subsequent marriage.

The Board has ordered additional development due to incomplete records and an administrative error, including locating the Veteran's service treatment records and removing documents pertaining to another deceased veteran.

The Veteran's appeal has been withdrawn due to closure in the case.

The Veteran's HIV related illness was rated at 10 percent prior to October 4, 2005. From October 4, 2005 until October 24, 2006, the rating was increased to 30 percent due to recurrent constitutional symptoms and intermittent diarrhea.

The Board has remanded the case to the RO for scheduling a videoconference hearing and then returning it to the Board. The appellant's request for an earlier effective date for Dependents' Educational Assistance benefits is pending.

The Veteran's claim is being remanded for the VA to obtain treatment records from Behavioral Health units at Loma Linda and Palm Desert VA facilities prior to January 27, 2005. The effective date of the award will be determined based on these records.

The Veteran's claim for pension benefits was denied due to his failure to report for a scheduled VA examination.

The Veteran's service-connected residuals of shell fragment wounds of right calf with scar and neuralgia of deep peroneal nerve are currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5312. The claim for a higher rating is denied.

The Board finds that the Veteran's bilateral rotator cuff disability is not service-connected as there is no competent medical evidence linking his current condition to active service. The preponderance of the evidence is against this claim.

The Veteran's amnestic disorder has been productive of complaints including memory loss, depressed mood, and difficulty maintaining employment. The VA examinations have shown that his affect was normal on most occasions but limited at times. He did not report having panic attacks more than once a week.

The Board found that the Veteran's right ear disability, manifested by a tympanic membrane retraction, was not incurred or aggravated during his period of active service and denied his claim for service connection.

The Board has remanded the case for further development, including obtaining medical records from Dr. 'P.G.' Memorial Research & Medical Center and Dr. 'N.G.', and providing an expert opinion on whether peptic ulcer disease or atherosclerotic heart disease contributed to the Veteran's death.

The Board granted an earlier effective date of October 18, 2004 for the award of a 10 percent evaluation for residuals, flash burns of both eyes.

The Board found that the reduction in Montgomery GI Bill (MGIB) training time effective from March 5, 2008 was proper and created an overpayment of benefits. The appellant's claim for restoration of full-time educational benefits is denied.

The Veteran's service-connected left mandibular neuralgia is manifested by constant left jaw and facial pain, reduced sensation in the left face, and interference with feeding. The disability picture more nearly approximates severe incomplete paralysis.

The Board has remanded the case for further development and consideration of the etiology of the Veteran's squamous cell carcinoma of the left tonsil, including whether it is related to service or herbicide exposure.

The Veteran's appeal for service connection for a respiratory disorder, including as due to asbestos exposure, has been resolved in his favor with the grant of service connection for restrictive lung disease. The appeal is dismissed as there are no remaining issues or disputes.

The Veteran's appeal was dismissed because he died during the pendency of his claims for service connection for multiple myeloma and lung disability due to exposure to herbicides.