Other conditions decisions — 2010

The Board denied the appellant's claim for non-service connected death pension benefits due to her annual reported income exceeding the maximum annual income for death pension benefits.

The Board has remanded the case due to incomplete records and a need for an opinion from an oncologist regarding the cause of death.

The Board found that the Veteran did not sustain a leg burn injury during service and has not experienced continuous symptomatology of such an injury since service. The current scar on his left inner thigh is not related to any incident in service.

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.

The Board has remanded the case for additional development due to an inadequate VA examination and for updated treatment records.

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 dismissed the appeal due to the death of the Appellant, and thus does not have jurisdiction to adjudicate the merits of the claim.

The Board has remanded the case to the RO for a VA examination and pulmonary function test to determine whether the Veteran's symptoms warrant a compensable rating under Diagnostic Codes 6516 or 6520.

The Board found that a hammertoe deformity of the right foot was not incurred in or aggravated by service, as there is no evidence of chronicity during service and the Veteran's assertion of continuity of symptoms after service is less credible than the service treatment records.

The Board has reopened the Veteran's claim of entitlement to service connection for gastrointestinal disability and granted it, finding that new and material evidence had been received. The Veteran's current diagnosed gastrointestinal disability was incurred in military service.

The Board has determined that the Veteran's current diagnosis of a bilateral leg disorder is related to his service-connected recurrent low back strain, and thus grants service connection for this condition.

The Veteran's adopted child, T.J., is recognized for VA purposes due to meeting the criteria of being less than 18 years old at adoption, receiving one-half or more support from the Veteran, not in the custody of her natural parents, and residing with the Veteran.

The Veteran's service-connected right hand disability is characterized by subjective complaints of pain and objective evidence of diminished grip strength. The lumbosacral strain has been found to have limited lumbar flexion, but no incapacitating episodes or ankylosis.

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

The Board has determined that the appellant's annualized income exceeded the maximum annual pension rate, thus denying her entitlement to death pension benefits.