Other conditions decisions — 2010

The Veteran's claim for reimbursement of medical expenses incurred at Saint Francis Hospital from October 16th to the 20th of 2008 is granted due to the treatment being for a medical emergency and the Veteran not being competent to sign away his rights to transfer.

The Board denied the appellant's claim for legal entitlement to one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of qualifying service as per VA regulations and service department certifications.

The Board has determined that the appellant does not have qualifying service to be eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board found that there was no evidence linking the Veteran's PVD to his service, and thus denied his claim.

The Board denied the Appellant's claim for one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of service in the United States Armed Forces, as certified by the National Personnel Records Center.

The Board denied the appellant's petitions to reopen his service connection claims for a fractured jaw and umbilical and ventral herniorrhaphies, finding no new and material evidence.

The Board has determined that the appellant is not a veteran and therefore ineligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has remanded the case for additional development due to new evidence received after the expiration of the initial appeal period.

The Board has determined that the appellant does not meet the basic eligibility criteria for the one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of qualifying service.

The Board has remanded the case for additional development due to unclear medical opinions and incomplete examination reports.

The Board has granted service connection for PTSD based on new and material evidence.

The Board finds that the Veteran's left leg shortening and associated back pain are not due to faulty VA treatment, and therefore denies his claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim of recognition of T.B. as permanently incapable of self-support due to physical or mental disability prior to her 18th birthday.

The Veteran's thoracic spine disability has been rated at 20 percent since February 28, 2003. The claim for an increased rating is denied as the evidence does not show that the condition warrants a higher evaluation.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for sepsis as a result of complications from VA treatment and surgery was denied because there is no competent evidence showing that the sepsis resulted from VA treatment.

The Veteran's fatigue is attributed to his service-connected PTSD, and there is no evidence of a qualifying chronic disability or undiagnosed illness. Therefore, the claim for service connection for fatigue or an undiagnosed illness manifested by fatigue is denied.

The Veteran's service-connected cervical spine disability is currently evaluated at 20 percent, but the evidence does not support a higher rating due to lack of ankylosis or incapacitating episodes.

The Board found that the Veteran does not have a current disability of the right calf and thus, service connection for this condition cannot be granted.

The Veteran's facial scars as residuals of service-connected squamous cell carcinoma are not productive of visible or palpable tissue loss and either gross distortion or asymmetry of two features or paired sets of features, or; with four characteristics of disfigurement. Therefore, the criteria for a rating in excess of 30 percent do not meet.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and affording the Veteran another opportunity to be formally evaluated by VA.