Other conditions Board decisions

The Veteran's appeal is being remanded for further evaluation of his service-connected shell fragment wounds to the left lower leg, left thigh, and right lower leg. The RO will determine if additional examinations are needed and readjudicate the claims.

The Board denied the appellant's petition to reopen her forfeiture claim, finding that new and material evidence did not relate to an unestablished fact necessary to substantiate the claim. The appellant was found to have provided fraudulent information regarding her 'son' in connection with her 1996 VA death benefits claim.

The Veteran's overpayment of $4,375.64 in pension benefits was created due to his failure to notify VA of his incarceration. The Board found that the fault for this overpayment lies solely with the Veteran and not with VA. The decision concludes that recovery would be against equity and good conscience.

The Veteran's claim for a higher rating for his left hip replacement was granted, with the effective date being June 24, 2009. The issue of service connection for shortening of the left leg secondary to his service-connected left hip replacement is addressed in the remand portion.

The Veteran's son filed a claim for Dependents' Educational Assistance (DEA) benefits. The RO found the Veteran was permanently and totally disabled, qualifying his dependents for DEA benefits effective from November 21, 2007. The appellant did not respond to the RO's request within the required 60-day period, so the earliest possible effective date assigned by law is November 19, 2008.

The Board found that the Veteran's pre-existing bilateral knee disability, which included chondromalacia patella, existed prior to service and was not permanently aggravated during service. As a result, the claim for service connection was denied.

The Board denied the Veteran's claim for service connection for a genitourinary disorder, claimed as a groin condition and cystitis and currently diagnosed as orchitis. The evidence did not establish that his current condition was related to service.

The appellant is not recognized as the Veteran's surviving spouse for purposes of receiving VA death benefits.

The Board found that the appellant is not eligible for DIC benefits as she does not meet the requirements to be recognized as the surviving spouse of the Veteran.

The Veteran's service-connected residuals, status post left clavicle fracture were found to not warrant a compensable disability rating. His bilateral hearing loss and tinnitus were also not shown to be related to his military service.

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

The Veteran's income is not a bar to non-service-connected pension benefits with an additional allowance for aid and attendance, effective February 1, 2006.

The Board has determined that CC and LC are not legally entitled to DEA as the adopted children of the Veteran and the Appellant based on the provided evidence.

The appellant's death certificate states she died on October [redacted], 2008. As a result, the Board has no jurisdiction to adjudicate the merits of this claim due to her death.

The Veteran's claim for educational assistance benefits prior to June 7, 2009 was denied as he did not file a timely claim within one year of his enrollment in the course.

The Board has determined that the cause of the Veteran's death is related to his in-service exposure to Agent Orange, and service connection for the cause of death is granted.

The appellant's service was not verified by the Department of Veterans Affairs, and therefore he is not eligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's service-connected gunshot wound residuals have been rated at the maximum available rating of 20 percent for his left leg and 10 percent for his left thigh. The Board finds that these ratings are appropriate based on the current clinical findings.

The Board has ordered a remand due to the need for additional medical examination and opinion regarding the Veteran's claim of service connection for ankylosing spondylitis. The case will be returned to the Board following this development.

The Board denied an earlier effective date for the 10% disability rating assigned in August 1994, finding no CUE. The Veteran's claim was dismissed as improper.