Other conditions decisions — 2010

The Board has ordered the VAMC to obtain VA medical treatment records and any statements from Dr. John Craig regarding the appellant's referral to Baptist Memorial Hospital for services not available at the VAMC. The VAMC will then adjudicate the claim under all applicable reimbursement regulations, including 38 U.S.C.A. § 1703.

The Board has determined that the effective date for a 10 percent rating for a right calf gunshot wound scar is November 19, 2002.

The Veteran's claims for service connection for various respiratory and musculoskeletal conditions, including those related to congenital pectus excavatum, are being remanded due to inadequate examination reports in the prior decision.

The Board denied the appellant's claim for reimbursement of private medical expenses incurred at Hancock Medical Center on November 6th and 7th, 2007. The reasons were that prior authorization was not obtained, VA facilities were not feasibly available, and the treatment did not meet all criteria under 38 U.S.C.A. 1725.

The Veteran's death was not caused by a service-connected disability, and burial benefits at the higher rate were denied.

The Board denied the appellant's claim for VA non-service-connected death pension benefits as the decedent's service did not qualify as required service to provide eligibility.

The Board denied a rating in excess of 10 percent for the Veteran's service-connected residuals of a mine fragment wound to the left groin, involving muscle group XIX.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has granted service connection for residuals of a shrapnel wound to the chest region, finding that the metallic fragment is consistent with combat exposure and the Veteran's in-service injuries.

The Veteran's appeal is remanded due to the need for further development of his claim, including obtaining additional VA treatment records and scheduling a VA examination.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred at a non-VA facility was denied because the treatment did not meet the criteria for emergency care under VA regulations, and there was no indication that VA facilities were not available for transfer to after stabilization.

The Veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 for residuals of a pneumonectomy was granted with an effective date of May 8, 1986.

The Board has remanded the case due to missing medical records and additional development is needed.

The Board has determined that the appellant did not submit new and material evidence to reopen her claim for revocation of forfeiture of VA death benefits, as she failed to provide evidence addressing whether she committed fraud against VA regarding her marital status after the Veteran's death.

The Veteran's claim for an increased rating for his service-connected residuals of dislocation of the left elbow and a left radius fracture with traumatic arthritis (minor) is being remanded for further development.

The Veteran's right forearm disability, which includes limitation of extension to 45 degrees, is rated at a 10 percent initial evaluation.

The appellant is seeking an increased rating for her service-connected right foot, status post bunionectomy, right great toe. The case has been REMANDED due to the need for a VA examination to determine the current level of severity of the disability.

The Veteran's bone spurs of the feet were not incurred during service and are not related to his active duty. The neurological disability is not shown to be due to service.

The Board found no evidence of a current respiratory disability and concluded that the Veteran's shortness of breath is not related to service or his service-connected residual from left rib cage stab wound. The claim for chest pain and weakness was also denied.

The Board has remanded the case due to uncertainty regarding whether the Veteran suffered a stroke and if so, its relationship to his service-connected hypertension.