Other conditions decisions — 2009

The Veteran's private medical expenses incurred on July 16, 2007 for right flank and abdomen pain were not authorized by VA. The treatment was provided for a service-connected condition (diverticulitis of the colon) but did not meet the criteria for reimbursement due to lack of emergency situation or availability of VA facilities.

The Veteran's service-connected interstitial pulmonary fibrosis was initially assigned a noncompensable evaluation from January 30, 2006 to March 10, 2009. Beginning March 11, 2009, the Veteran is entitled to a 10 percent evaluation for this condition.

The appeal is being remanded due to the Veteran's request for a hearing before a Member of the Board at the AOJ level.

The Board has determined that the Veteran's bilateral upper extremity arthritis is at least as likely as not related to his military service, and thus grants service connection for this condition.

The Veteran's service connection claim for residuals of right rib fractures, including right-sided back pain from scar tissue in the traumatized area, is granted.

The Veteran's surgery for ulcerative colitis did not result in an additional disability, and the Board finds that VA did not cause any additional disability through negligence or error.

The Veteran's application for enrollment in the VA healthcare system was denied due to not being service-connected and not having any eligibility attributes that would qualify him for improved enrollment. The case is remanded to determine if he qualifies for low-income status under Priority Groups 5 or 7.

The Board has granted the Veteran's claim for service connection for T-cell large granular lymphocytic leukemia on a presumptive basis due to exposure to herbicides during his active duty in Vietnam.

The Board found no evidence of a current gastrointestinal disability that began during service or as a result of an in-service disease or injury. The Veteran's claim for increased rating was not addressed.

The Veteran's claim for higher ratings for scars and inguinal hernias, as well as service connection for constipation, is being remanded due to the need for additional development of records.

The Veteran's right fourth toe fracture resulted in moderate disability, with pain but no abnormal weight bearing or other significant functional limitations. The VA Board has granted a 10% evaluation for this condition.

The Veteran's service-connected ankylosing spondylitis is symptomatic but does not meet the criteria for a higher rating due to lack of significant impairment such as ankylosis, limitation of motion, or neurological manifestations.

The Veteran's claim for service connection for squamous cell carcinoma of the head is being remanded due to the need for a VA examination and additional records.

The Board denied the Veteran's claim for retroactive election of payment of VA disability compensation in lieu of military retirement pay, effective March 1, 1969, as he did not file a timely waiver of his military retirement pay.

The Board has granted service connection for malunion of the right humerus and determined that the Veteran is unemployable due to his service-connected disability, warranting a TDIU.

The Veteran's service-connected skin disability requires the use of medications that cause irreparable damage to his outergarments, meeting the criteria for a clothing allowance.

The Veteran's unauthorized medical expenses incurred from May 16, 2005 to May 18, 2005 for treatment of ischemic small bowel with gangrene were authorized due to it being a medical emergency and no VA facility was feasibly available.

The Veteran's appeal is remanded due to the need for a Board hearing and a new VA examination to determine his employability.

The Veteran seeks reimbursement for medical expenses incurred at a private facility from December 28, 2006 to January 17, 2007. The VA denied his claim as the care was not for a continued medical emergency and he could have been safely transferred to a VA facility on December 28, 2006.

The Veteran's application for nonservice-connected disability pension benefits was denied because he failed to provide the requested information regarding his common law marriage and spouse's income, which prevented VA from calculating his annual income.