Other conditions decisions — 2007

The Board found that the veteran's metastatic adenocarcinoma and bladder carcinoma were not related to his active service, including exposure to herbicide agents. The claims for increased ratings and TDIU were also denied.

The veteran's unauthorized medical expenses incurred on June 9, 2004 at Mease Countryside Hospital are eligible for reimbursement as the treatment was deemed necessary due to a prudent person expectation of an emergency situation.

The Board dismissed the appeal because the appellant died during the pendency of the appeal.

The Board found that the appellant did not file her request for a waiver of overpayment in death pension benefits within the required 180-day period, and thus denied her claim.

The Board has determined that the claim for payment or reimbursement of unauthorized medical expenses incurred as a result of emergency room treatment at Cox South Hospital is granted. The veteran's expenses will be paid by VA.

The Board has determined that the veteran does not meet the criteria for service connection for a dental disorder or residuals of a skull fracture, and thus denied both claims.

The Board has remanded the case due to inconsistencies in the veteran's income information and the need for further development of his countable income, including unreimbursed medical expenses.

The veteran's concurrent receipt of VA disability compensation and military retired pay between April 1, 2005 and August 1, 2005 was not proper. The Board finds that the veteran failed to state a claim upon which relief may be granted due to lack of legal merit. However, the issue is being remanded for further development.

The veteran's unauthorized medical expenses for a thigh laceration were denied as he did not meet the criteria for reimbursement under VA regulations.

The Board has decided to remand the case for additional development due to allegations of forgery and inaccuracies in documents related to a purported marriage.

The Board has granted the veteran's claims for service connection for sacral decubitus ulcers and diverting colostomy, finding that these conditions are secondary to his service-connected gastrointestinal disability.

The Board has remanded the case for further development, including a medical examination to determine the severity of the veteran's service-connected residuals of a shell fragment wound of the right thigh and whether any related symptoms in the right hip and knee are related to this disability.

The Board has determined that the veteran's cholelithiasis, status post cholecystectomy, sphincteroplasty, reflux gastritis and esophagitis does not meet the criteria for a disability rating in excess of 30 percent.

The Board has granted service connection for the veteran's retinal tear/detachment of the left eye, finding that it is related to his military service.

The Board has determined that the veteran's service-connected residuals of fracture of the left malleolus with post traumatic arthritis and limitation of motion warrant a rating no higher than 20 percent.

The Board found that the veteran's current head and back injuries were not caused by VA negligence or fault, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board found that the veteran's metastatic pancreatic carcinoma, which caused his death, was not incurred or aggravated by service and is not presumed to be related to herbicide exposure. Therefore, service connection for the cause of the veteran's death cannot be established.

The Board has determined that the veteran's pancreatitis is secondary to his inservice alcohol abuse and therefore not incurred in the line of duty, resulting in denial of service connection for pancreatitis.

The veteran's claim for a higher rating for his service-connected post-operative residuals of laceration of the right ring finger with flexion contracture deformity of the right little finger is being remanded due to failure to appear for an examination. The issue of service connection for injury to the right little finger remains unresolved.

The Board has determined that the veteran's current back disability, including spinal stenosis, herniated disc, bulging disc, and pinched nerves of the lumbar spine, was incurred in service.