Other conditions decisions — 2010

The appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund is denied as he does not meet the basic eligibility requirements for VA benefits.

The Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 was denied because the VA medical treatment, which included amputation of his left fifth finger to treat gangrene and Berger's disease, did not meet the criteria for causation due to lack of evidence showing carelessness, negligence, or similar instance of fault on the part of VA.

The Board has granted service connection for bilateral shin splints and assigned a noncompensable rating. Initial ratings of 10 percent have been granted for right and left patellofemoral pain syndrome.

The Veteran's service-connected degenerative changes, left great toe disability has been productive of limitation of motion and pain prior to March 8, 2010. However, the evidence does not support a rating in excess of 10 percent for any period covered by this appeal.

The Board has granted service connection for a right thumb disability and a deviated nasal septum, finding that the Veteran's current conditions are causally related to his active military service. The initial ratings and effective dates for tinnitus have been remanded due to procedural issues.

The Board found that the Veteran's service-connected left elbow disability does not warrant a rating in excess of 10 percent, as there is no evidence of limitation of flexion or extension to 90 degrees or more, which would be required for a higher evaluation under Diagnostic Codes 5206 and 5207.

The Veteran's bilateral DVT was not the result of VA carelessness, negligence, lack of proper skill, error in judgment, or an unforeseen event. The claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Veteran does not have hip arthritis that is service-connected, as there is no evidence of a current disability and the claim lacks continuity of symptomatology since discharge.

The Board denied the claims for service connection and DIC benefits, finding no relationship between the Veteran's death and his service or any service-connected conditions.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses at St. Joseph's Hospital in Tampa, Florida, from August 6 to August 7, 2003 is being remanded due to insufficient documentation and incomplete evidence. The case will be readjudicated after further development.

The Veteran's case has been remanded due to his request for a hearing before the Board of Veterans' Appeals at the Montgomery, Alabama RO.

The Board has determined that the appellant does not have a chronic respiratory disability and therefore, service connection for a respiratory disability is denied.

The Veteran's claims for increased evaluations of dysthymic disorder and hiatal hernia, service connection for hepatitis C and cirrhosis of the liver, and a TDIU were denied. The Veteran was also not granted service connection for hepatitis C or cirrhosis of the liver.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling the Veteran for examinations to assess the current severity of his service-connected right great toe disability and numbness of the right cheek.

The Veteran's appeal is being remanded for additional development, including obtaining VA outpatient treatment records and scheduling the Veteran for an appropriate VA examination to assess all residuals of his service-connected Bell's palsy.

The Veteran is seeking an initial evaluation in excess of 10 percent for residuals of a left varicocele. The Board has determined that a new compensation and pension examination would assist in clarifying the extent of his disability.

The Veteran's service-connected residuals of L1 compression fracture are currently evaluated at 30 percent, and the evidence does not support a higher rating.

The Veteran's appeal for service connection for a bilateral foot disorder has been dismissed due to the death of the claimant.

The Veteran seeks reimbursement for unauthorized medical expenses incurred at Auburn Memorial Hospital on February 7, 2007. The VAMC denied the claim because the care provided was non-emergent in nature and did not meet the criteria set forth by VA regulations.

The Board has determined that the Veteran's treatment at Winter Haven Hospital and Lakeland Regional Medical Center met the criteria for reimbursement of unauthorized medical expenses due to emergent circumstances.