Other conditions decisions — 2010

The Board finds that the Veteran's current neck disorder is related to a neck injury during military service, and grants his claim for service connection.

The appellant is not legally entitled to a sum greater than $8,070.00 for nonservice-connected pension benefits owed to the Veteran at the time of his death.

The Veteran's service-connected left knee disability is currently rated at 10 percent prior to November 30, 2008. The evidence shows that the Veteran has limited range of motion in his left knee with extension to 15 degrees and flexion to 92 degrees. The Board finds that a higher rating is not warranted as there is no indication of exceptional or unusual disability requiring referral for extraschedular consideration.

The Veteran's left arm disability is being remanded for further development, including a VA examination to determine the likely etiology of his current condition.

The Veteran died in December 2005 due to anaphylaxis reaction with resulting edema of the larynx and hypoxia. The appellant is seeking compensation under 38 U.S.C.A. § 1151 for this cause of death as a result of VA medical treatment.

The appellant is seeking an earlier effective date for DIC benefits, which the RO assigned on July 18, 2006. The case has been remanded to obtain information from the Social Security Administration regarding any applications filed by the appellant after her husband's death.

The Board has determined that the Veteran's income exceeds the maximum annual limits for nonservice-connected pension benefits, and thus he is not eligible for these benefits.

The Board denied the appellant's claim for reimbursement of private medical expenses incurred at Winter Haven Hospital due to lack of prior authorization and failure to meet eligibility criteria under 38 U.S.C.A. § 1725.

The Board has dismissed the appeal due to the death of the appellant.

The Board has remanded the case for additional development due to issues related to service connection and reopening of a claim for lesions on the body. The Veteran's lung condition is being considered under direct service connection, while his claims for lesions are being evaluated in light of potential presumptive service connection based on Gulf War exposure.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses at Mease Dunedin Hospital from May 7 to May 10, 2007 is granted, as the VA facility was not feasibly available and an attempt to use them before hand would not have been considered reasonable by a prudent layperson.

The Board has determined that the evidence received since the last final denial does not meet the criteria for reopening the claim of service connection for idiopathic scoliosis.

The Board denied the appellant's claims for increased evaluations for his right elbow osteochondromatosis with degenerative joint disease, as well as separate evaluations for limitation of extension and flexion prior to October 7, 2008.

The Board has remanded the case for further development, including obtaining a VA medical opinion to determine if the Veteran's death is related to his military service and/or his service-connected malaria.

The Board has determined that the Veteran does not have a loss of vision in the left eye at present which is related to service.

The Veteran's claims for compensation under 38 U.S.C.A. § 1151 were denied as there is no evidence showing that the physical therapy performed at the VA Medical Center in Grand Island caused additional disability of the neck or right arm.

The Board found that the Veteran's current disability of benign prostatic hypertrophy is not related to his military service and denied his claim for service connection.

The Board has determined that the Veteran's neck and left hip injuries, while noted in service, did not result in current disabilities. The evidence does not support a finding of continuity of symptoms or any relationship to service.

The Veteran's left lower extremity nerve disability, including sciatic nerve involvement, was granted an increased rating to 60 percent effective April 1, 2009.

The Veteran's service does not meet the legal requirements for nonservice-connected pension benefits due to a lack of qualifying active duty during a period of war.