Other conditions decisions — 2010

The Board is unable to determine if the Veteran's January 2, 2007 hospitalization was a medical emergency or if appropriate VA facilities were available. The case is being remanded for further review.

The Veteran's daughter is denied entitlement to non-service connected death pension benefits as she does not meet the legal requirements for such benefits.

The Veteran seeks reimbursement for private medical expenses incurred on June 12, 2007 and June 13, 2007 at St. John Medical Center due to a heart attack. The case is remanded as the claims file has not been received from the RO and it is unclear whether VA facilities were feasibly available for treatment.

The Veteran claims service connection for diplopia, but the Board has determined that a remand is necessary to obtain an examination and opinion regarding the etiology of any diplopia.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from June 2, 2006 to July 17, 2006 at Memorial Health University Medical Center in Savannah, Georgia is denied as he does not meet the requirements under the Millennium Act for coverage under a health-plan contract.

The Veteran's claims for service connection and increased evaluations were granted, but the effective dates are not specified as they fall within the applicable statutes.

The Board found that the Veteran's service-connected residuals of a left foot injury did not warrant an initial disability rating greater than 10 percent from October 1, 1994 to June 16, 1999.

The Board determined that new and material evidence had not been presented to reopen the appellant's basic eligibility as a veteran for VA benefits, and denied his claim of entitlement to compensation from the Filipino Veterans Equity Compensation Fund.

The Veteran's medical condition had stabilized by December 14, 2008. VA facilities were feasibly available for care and could have safely transferred the Veteran to a VA facility. Therefore, reimbursement for services on December 15, 2008 was denied.

The appellant's claim for death pension benefits based on the need for aid and attendance of another person was received by VA on April 20, 2009. The effective date for this benefit is therefore set as April 20, 2009.

The Board has determined that the Veteran's left-sided facial nerve iatrogenic damage is not due to VA fault and therefore does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Board denied the Veteran's claims for service connection for arthritis of the hips and pelvis, finding that there was no evidence to support a diagnosis of arthritis due to retained shrapnel fragments. The claim for an increased rating for residuals of a penetrating SFW of the back with injury of MG XX was also denied.

The Veteran's claim for service connection for spina bifida was denied. The effective date for the grant of service connection for thoracic syrinx with associated degenerative changes, status post old thoracic spine fractures and aggravation of spondylolisthesis at L5-S1 is precluded by law.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's current left elbow disability is related to his military service.

The Veteran's low back disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.

The Board found that the Veteran does not have a current heart disability due to his service-connected heart murmur, and thus denied his claim for service connection.

The Veteran's appeal is remanded for further examination and development of his service-connected callosities, pes cavus with claw toe defects of both feet.

The Veteran's claim for service connection for a right hand lesion was denied as there is no current disability and the preponderance of evidence is against his claim.

The Board denied the veteran's request for a waiver of overpayment of disability compensation benefits in the amount of $1,814.03 due to fault on his part and lack of undue hardship.

The Board has denied the Veteran's claims for service connection for residuals of blood poisoning of the left foot and residuals of excised left leg lipoma, finding no evidence to support these claims.