Other conditions Board decisions

The Veteran's claim for an increased rating for residuals of a crush injury with fracture of the left great toe is remanded due to insufficient evidence. The claim for service connection for a left knee and ankle disability, to include as secondary to service-connected disability, is also remanded.

The Board has determined that the Veteran's right rib condition is service-connected, with no specific rating assigned and no effective date provided.

The Board has determined that the appellant does not meet the basic eligibility criteria for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service.

The Veteran's gluteal sarcoma and pulmonary cancer are being remanded for further development to determine if they are related to service, specifically asbestos exposure.

The Veteran's claim for a disability rating in excess of 40 percent for right sacroiliac arthritis was denied. His TDIU claim was also denied.

The Veteran's death was caused by lung cancer, which is a presumptive disability due to exposure to ionizing radiation during military service in the vicinity of Nagasaki and Hiroshima. The Board granted service connection for the cause of death.

The Veteran's appeal is being remanded for a VA examination to determine if his pulmonary disability is related to military service, specifically exposure to Valley Fever during his time at Camp Parks in California.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board finds that the Veteran's current lump on the right hand, as likely as not, had its onset during his active service. Therefore, service connection is granted.

The Board denied service connection for peripheral neuritis and a separate compensable disability rating for scar residuals of the abdomen. The Veteran's claim for an increased rating for shrapnel wound residuals was also remanded.

The Board found that the Veteran's right hip disorder existed prior to service and was not aggravated by service, thus denying his claim for service connection.

The Board found that the Veteran does not meet the requirements for service connection for residuals of a jaw injury, as there is no evidence showing loss of substance of the maxilla or mandible due to trauma or disease. The claim was denied.

The Veteran's right Achilles tendon rupture, with surgery, is currently rated as 10 percent disabling prior to July 15, 2010. From that date forward, the Veteran is entitled to a higher rating of at least 10 percent for this condition. The left Achilles tendon rupture does not warrant any compensable evaluation.

The Board has determined that there is no evidence to support the Veteran's claim of a current and chronic prostate disorder related to service.

The Veteran's TMJ disability is rated at a 10 percent rating since service connection was granted.

The Board has ordered reconsideration of the special monthly compensation based on the need for regular aid and attendance, for purposes of accrued benefits. The case is remanded to ensure that the appellant receives due process by providing her with a statement of the case containing applicable laws and regulations.

The Veteran's residuals of a left total hip replacement were not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care.

The Board has granted an effective date of May 1, 2004 for the award of apportionment benefits on behalf of the Veteran's minor child. The appellant was not receiving child support and was not reasonably discharging his responsibility for the child's support as of May 1, 2004.

The Board denied the Veteran's request for waiver of overpayment, finding that recovery would not be against equity and good conscience.

The Veteran's claim challenging the recoupment of overpayment of VA benefits in the amount of $7,796.79 (the amount received as separation pay) by withholding disability compensation is denied.