Other conditions Board decisions

The veteran's adjustment disorder with depressed mood is productive of occasional decreases in work efficiency and intermittent periods of inability to perform occupational tasks, but he generally functions satisfactorily. The claim for a higher rating is granted.

The Board has remanded the case for further development to determine if the veteran currently suffers from left and right leg disabilities, their etiology, and whether they are related to service or a service-connected condition.

The Board found that the veteran's service-connected right hip bursitis did not meet the criteria for an extraschedular evaluation, as his occupational limitations were attributed to factors unrelated to his disability.

The veteran's claim for an earlier effective date for a 60 percent disability evaluation for his back condition was denied as there is no evidence of a factually ascertainable increase in disability prior to June 23, 1999.

The Board has granted an initial rating of 50 percent for macular degeneration and persistent diplopia, secondary to strabismus of the right eye, postoperative, effective January 23, 2007.

The VA determined that the veteran's neuroendocrine tumor of the small bowel with metastasis to the liver was not incurred in or aggravated by military service, and may not be presumed to have been so incurred due to exposure to herbicides and radiation.

The Board finds no evidence of a low back disability during service or for many years thereafter. The veteran's current low back condition is not related to his military service.

The Board has remanded the case for additional development, including obtaining medical records and providing proper VCAA notice.

The Board found that the appellant's Substantive Appeal was not submitted within the required time frame, thus denying his appeal.

The Board has determined that the veteran's dysthymic disorder does not warrant a rating in excess of 30 percent, as his symptoms do not meet the criteria for a higher rating based on occupational and social impairment.

The Board has determined that the veteran was not a fugitive felon during the period from December 27, 2001 to September 4, 2003 and therefore her VA benefits should be restored for this period.

The VA determined that the veteran's PTSD, while causing significant symptoms such as nightmares and avoidance of stimuli related to the traumatic event, did not meet the criteria for a higher evaluation than 30 percent.

The veteran's claim for an earlier effective date for a 10 percent evaluation for his left knee disability was denied as there is no medical evidence showing that the condition warranted such a rating prior to May 12, 2005.

The Board has determined that the veteran's claim of entitlement to a temporary total disability evaluation for periods of convalescence following surgeries in February and May 1996 and 1998 is denied as new and material evidence was not submitted.

The Board has determined that the appellant's deceased spouse did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces and therefore is not considered a veteran for purposes of establishing basic eligibility for VA benefits.

The Board has determined that the veteran's injuries sustained in a March 1973 motor vehicle accident were not incurred during or as a result of his National Guard service. As such, the claims for service connection for the residuals of a fractured rib and left pneumothorax are denied.

The Board has determined that service connection for the cause of the veteran's death due to multiple system atrophy is not warranted as it does not meet the criteria specified in 38 U.S.C.A. § 1116(a) and there is no evidence of a positive association between exposure to herbicide agents and multiple system atrophy.

The Board denied the appellant's application to reopen his claim of legal entitlement to VA benefits, finding that new and material evidence had not been submitted. The appeal was based on a claim for legal entitlement rather than service connection.

The VA has determined that the veteran's service-connected fungus of the right foot warrants a 10 percent disability rating and effective from May 8, 2003. The condition affects less than one percent of her entire body surface area and zero percent of exposed areas affected, with no systemic therapy required.

The appellant's late husband had service as a member of the Special/New Philippine Scouts, but his service does not qualify for VA non-service-connected death pension benefits.