Other conditions decisions — 2007

The Board has determined that the veteran's unauthorized medical expenses incurred at Health First Palm Bay Community Hospital on February 4, 2004 meet the criteria for payment or reimbursement due to it being an emergency situation and no feasible VA facility was available.

The veteran's appeal has been dismissed due to his death.

The Board denied the veteran's claims for increased ratings for her fungal infection to the feet, post-operative residuals of right foot osteotomy and neurectomy of the third metatarsal and right fifth digit arthroplasty, post-operative residuals of left first and fifth toenail matrixectomy and left fifth digit arthroplasty, and pelvic inflammatory disease. The Board found that her service-connected conditions did not warrant a higher rating based on the criteria provided in the Rating Schedule.

The Board has determined that the veteran's residuals of a fractured right mandible do not warrant an increased disability rating beyond 10 percent, as there is no evidence of severe nonunion of the mandible. The veteran's right 7th nerve paresthesia does not meet criteria for higher ratings under applicable diagnostic codes.

The Board found that the veteran does not have a current diagnosis of a subcutaneous lump on the groin in the region of the right lower quadrant, and thus denied his claim for service connection.

The Board has remanded the case for further development due to missing medical records from various healthcare providers.

The VA determined that the veteran does not have a respiratory disability or symptoms of disability that is related to his period of active service, including as due to undiagnosed illness or other qualifying, chronic disability.

The Board finds that the preponderance of the evidence is against the veteran's claim for service connection for HNP, as there is no competent medical evidence relating the currently diagnosed HNP to an incident of or finding recorded during active service.

The Board has determined that additional development is needed to determine if the veteran served within the Southwest Asia Theater of Operations during the Persian Gulf War, which could trigger a presumption for an undiagnosed illness. The veteran will be provided another opportunity for a neuropsychiatric evaluation and an EMG study.

The Board denied both claims for service connection, finding no current disability and insufficient evidence linking the veteran's conditions to his military service.

The Board has granted service connection for gastritis and peptic ulcer disease effective from August 29, 2002. The veteran's claim was not received until after the July 2001 rating decision denying service connection.

The Board has determined that the veteran's service-connected residuals of a complete right mid-shaft femur stress fracture do not warrant an increased rating beyond the current 10 percent. A separate 10 percent rating is granted for a scar residual of the right hip.

The Board has found that the appellant's actions giving rise to the overpayment at issue did not result from a deliberate and wilful misrepresentation of her marital status. The case is remanded for further development and readjudication based on equity and good conscience principles.

The Board has remanded the case for further development, including a VA examination and additional notice to the veteran.

The Board denied the appellant's claim for basic eligibility for VA death benefits due to a lack of service in the United States Armed Forces, as determined by the National Personnel Records Center.

The Board has determined that new and material evidence has been received to reopen the previously denied claim for service connection for residuals of a groin injury. The de novo issue of whether service connection should be granted will now be addressed.

The Board has decided that the appellant's claim for verified military service is remanded due to inability to verify his reported active duty with the U.S. Air Force from October 1955 to August 1956.

The veteran's application for enrollment in the VA medical healthcare system was denied as he is not eligible due to his income and net worth exceeding the low-income threshold.

The veteran's claim for payment or reimbursement of private medical services rendered on July 29, 2002 is denied due to his failure to submit a declaration that his claim met all conditions for payment by VA for emergency medical services.

The Board denied the veteran's claims for service connection for right eye disorder and an acquired psychiatric disorder, finding that his pre-existing conditions existed prior to service and did not permanently increase in severity during service.