Other conditions decisions — 2010

The Board has remanded the case for further development due to insufficient evidence regarding the Veteran's skin disorder.

The Board has determined that the appellant is not eligible for payment from the 'Filipino Veterans Equity Compensation Fund' due to a lack of qualifying service in the U.S. Armed Forces, as established by the United States service department.

The Veteran's cause of death, ischemic cardiomyopathy and congestive heart failure, is presumed to be due to exposure to herbicide agents during service in Vietnam.

The Board has determined that the Veteran's venous insufficiency of the bilateral lower extremities was not incurred in or aggravated during active service, and is not proximately due to or the result of a service connected disease or injury.

The Board has remanded the case due to pending issues and potential service connection for malignant mesothelioma, which is inextricably intertwined with the total disability evaluation based on individual unemployability. The Veteran's claim of entitlement to a total disability rating based on individual unemployability must be deferred until these issues are resolved.

The Board has ordered a new VA examination to determine the severity and manifestations of the Veteran's epididymitis, including whether he has voiding dysfunction or other urologic complications associated with his service-connected condition.

The appellant's child has spina bifida occulta, which is not a condition for which benefits can be paid under 38 U.S.C.A. § 1805(a). Therefore, the claim must be denied.

The Veteran's service-connected lumbar disability was evaluated at a 10 percent rating prior to July 5, 2005. The claim for PTSD and TDIU is addressed in the REMAND portion of this decision.

The Veteran's cancer of the tonsils and/or pharynx is found to be incurred in service due to exposure to Agent Orange, warranting service connection.

The Board denied the appellant's claim for legal entitlement to a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of recognized active military service.

The Veteran's service connection claim for chronic recurring pneumonia is granted based on a continuity of symptomatology from in-service treatment to the present.

The Veteran's appeal is being remanded to obtain proper notice and a VA examination for his claims. The issues are whether he has new evidence that would reopen his claim for service connection for carcinoma of the throat, and if so, whether he is entitled to compensation under 38 U.S.C.A. § 1151 for a nervous disorder due to medical treatment provided by VA in 1975.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse for purposes of basic eligibility for DIC, death pension, and accrued benefits due to lack of meeting the criteria for a deemed valid marriage.

The Veteran's service-connected disabilities do not result in loss or permanent loss of use of one or both feet, hands, knees, or hips. The Board finds that the criteria for financial assistance for the purchase of an automobile and adaptive equipment are not met.

The Veteran's surviving spouse is granted service connection for metastatic non-small cell lung carcinoma, which was presumed to be caused by his in-service exposure to herbicide agents.