Other conditions decisions — 2010

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

The Board is remanding the case to obtain missing VA treatment records and a medical opinion regarding whether the Veteran's hepatitis C, cirrhosis, and hepatocellular carcinoma were service-connected.

The Veteran's application for educational assistance benefits at Spartan Health Sciences University was denied because the medical program was not approved by VA and he did not file his claim within one year of receiving approval notice.

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 Veteran's left hand and fingers shell fragment wounds are rated as zero percent under Diagnostic Code 5209, which requires a minimum of 10% rating. The scars do not meet the criteria for higher ratings based on their size or instability.

The Veteran is seeking a higher disability rating for his service-connected residuals of an injury to the left elbow. The Board has ordered remand due to incomplete examination reports and potential need for separate ratings.

The Board finds that the Veteran's collapsed left lung is at least as likely as not related to his military service and grants service connection for this condition.

The Veteran's claim for service connection for a chronic skin disability is being remanded due to the need for additional development, including scheduling of a VA examination.

The Board has determined that the Veteran's income exceeds the annual limit for receipt of nonservice-connected pension benefits. However, additional evidence submitted by the Veteran suggests his actual medical expenses may have reduced his countable income below this limit.

The Veteran's service-connected adjustment reaction disorder is rated at 70 percent, the maximum schedular rating available. The Board has granted a TDIU based on his service-connected disabilities.

The Veteran's residual disability following VA surgery for a pre-existing right femoral fracture is not due to carelessness, negligence, or any other fault on the part of VA. The resulting bone loss and shortening are considered reasonably foreseeable.

The Veteran contends that her current Von Willebrands is related to service. She claims she began experiencing bruises before service, which were diagnosed as Von Willebrands during active duty.

The Board has granted an effective date of August 25, 1976 for the grant of service connection for schizoaffective disorder, depressive type. The appeal is now pending to determine if an earlier effective date for Dependents' Education Assistance (DEA) under Chapter 35, Title 38, United States Code is warranted.

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 appeal is being remanded to the RO for additional development, including obtaining medical records and scheduling VA examinations. The case will be readjudicated after all requested information and evidence are received.