Other conditions Board decisions

The Board found no evidence of negligence or fault on the part of VA in providing care, and thus denied compensation benefits under 38 U.S.C.A. § 1151 for left arm impairment and abdominal wound.

The Veteran's left eye disabilities are not considered to be caused by VA carelessness, negligence, or lack of proper skill during the August 2004 cataract surgery at Bay Pines VAMC. The Board finds that there is no evidence supporting a finding of additional disability due to such care.

The Board has determined that the Veteran's service-connected narcolepsy with cataplexy warrants a 100 percent disability rating, as it is characterized by at least one major episode of cataplexic attacks and narcolepsy occurring monthly.

The Veteran's claim for service connection for residuals of a pulmonary endarterectomy due to recurrent pulmonary emboli is being remanded as there are inconsistencies in the medical records regarding his active duty status and exposure to toxic gases. The Board needs to confirm if he was on active duty for training in 2002, obtain any available medical records from that period, and request a VA physician's opinion on whether gas exposure or oxygen deprivation caused his pulmonary emboli.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of any foot disorders.

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

The Board denied the Veteran's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to forfeiture of all rights, claims, and benefits under VA law based on fraud.

The Board denied the appellant's claim for legal entitlement to Filipino Veterans Equity Compensation (FVEC) Fund due to a lack of qualified service, as determined by the National Personnel Records Center.

The Board has remanded the case for scheduling a Travel Board hearing at the earliest available opportunity.

The Board found that the Veteran's ulcerative colitis did not have onset during service, was not linked to his active service, and therefore denied his claim for service connection.

The Veteran's schizoaffective disorder is rated at 30 percent, but the Board found that his symptoms warrant a higher rating due to their severity and impact on daily functioning.

The Veteran's residuals of steam burns to the ears, face, and neck are manifested by a two centimeter by one half centimeter linear scar on the left side of the neck which is not unstable or painful, is not shown to be more than slightly disfiguring, and does not cause any functional limitation or include any characteristics of disfigurement. Therefore, he is not entitled to a compensable disability rating.

The Board has ordered further development due to the need for clarification of facts and evidence regarding the Veteran's cataract surgery, including a telephone conversation with a pharmacist. The case is being remanded for additional medical opinions and evidentiary development.

The Board found that the Veteran does not have a current left eye disability and denied his claim for service connection.

The Veteran's thrombophlebitis of the left leg has been rated at 20 percent since January 1999, with persistent edema that is incompletely relieved by elevation and beginning stasis pigmentation or eczema.

The Board has dismissed the motion for revision of a November 2008 decision denying recognition of four children as helpless children due to permanent incapacity for self-support before attaining the age of 18 years based on clear and unmistakable error (CUE).

The Board dismissed the appeal due to the appellant's death, and thus there is no jurisdiction to adjudicate the merits of the claim.

The Veteran's appeal for a waiver of recovery of overpayment of VA educational assistance benefits in the amount of $7,755.60 has been dismissed as he did not file a timely substantive appeal.

The Veteran's cause of death was not caused by or related to any service-connected disability, and the Board finds that direct service connection is not warranted.

The Board has remanded the case for additional development, including obtaining private medical records and an addendum from a VA examiner to address whether the appellant's current right hip disorder is related to his in-service motor vehicle accident.