Other conditions Board decisions

The Board denied service connection for the cause of the Veteran's death due to a cancer of the floor of the mouth, which is not among those conditions presumed to be related to Agent Orange exposure.

The Board has reopened the Veteran's claim for service connection for a bilateral eye disorder based on new and material evidence. However, due to conflicting medical opinions and the need for further development, the claim is being remanded for additional examination and consideration.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for ulcerative colitis, status post colectomy with ileostomy has been dismissed due to his death.

The appellant's claim for Dependents' Education Assistance under 38 U.S.C. Chapter 35 benefits is being remanded due to the need for additional development of her educational assistance file.

The Board has determined that the Veteran does not have an arthritis disorder manifested in all limbs that had onset during his active service or is etiologically related to his active service. As a result, the claim for service connection for arthritis of all limbs is denied.

The Veteran's appeal for an evaluation in excess of 10 percent for otitis media has been dismissed due to the death of the appellant.

The Board has determined that the effective date for death pension benefits should be May 1, 2007 and payment should have started on June 1, 2007. The appellant disagrees with the amount of $37.00 per month she was awarded after a reduction from $52.00 in January 2008. Further clarification is needed regarding the calculation of her income and expenses to determine if the pension benefits were correctly calculated.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for mitral valve prolapse. The Veteran likely had mitral valve insufficiency during her active military service, which is considered a direct result of disease or injury incurred in service.

The Veteran's income exceeded the VA National Means Test threshold for a Veteran with one dependent, resulting in his eligibility status being changed to require copayments for VA health care beginning January 18, 2007. The Board finds that the law is dispositive and denies the claim.

The Board has determined that the appellant did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he does not meet the eligibility criteria for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's income exceeded the maximum allowable limits for nonservice-connected pension, thus he does not meet eligibility requirements.

The Board has determined that the Veteran's Huntington's disease did not manifest during his military service and is not related to any in-service injury or illness. As a result, the claim for service connection is denied.

The Board found that the Veteran's current heart conditions are not related to his fever of unknown origin during service and denied both claims for service connection.

The Board dismissed the appeal due to the appellant's death, and no further action can be taken on this claim.

The Board has remanded the case for further development, including obtaining medical records and a VA examination to determine if the Veteran's right elbow disability is related to carelessness or negligence by VA in October 2001.

The Board has determined that the overpayment of $3,606.00 is valid and not due to sole administrative error. The Veteran's failure to notify VA of his divorce in a timely manner contributed to the creation of the debt. Recovery of this amount would not result in undue financial hardship or defeat the purpose for which the benefits were intended.

The Board has determined that the Veteran's death was caused by atherosclerotic cardiovascular disease, which is presumed to be related to his service in Vietnam. The VA will seek clarification from the Tacoma Chief Medical Examiner regarding the cause of death and review the medical records for any additional information needed to determine if the Veteran's service-connected conditions contributed to his death.

The Board found that the Veteran's claimed upper extremity disorders, bowel dysfunction, and bladder dysfunction are not etiologically related to active service or a service-connected disability. The Veteran's cervical spine disorder is service connected.

The case is being remanded for further development including adjudicating pending service connection claims and providing a VA examination to assess the severity of the Veteran's disabilities, particularly cervical spine disability and facial dystonia. The issue of TDIU will be reconsidered in light of all pertinent evidence.

The Veteran's claim for a higher rating for residuals of a fracture of the proximal radial head of the right elbow, other than neurological residuals, was denied. However, his claim for an initial rating higher than 10 percent for neurological residuals of a fracture of the proximal radial head of the right elbow was granted with a 10% rating effective April 28, 2008.