Other conditions decisions — 2011

The Veteran's death was from a nonservice-connected cause while properly hospitalized by VA, and the appellant is entitled to an allowance for nonservice-connected burial benefits.

The Board has determined that the Veteran's squamous cell carcinoma of the right tonsil and residuals thereof were not incurred in service, including due to herbicide exposure. As such, service connection is denied.

The Board has reopened the Veteran's claim for service connection for a left eye disorder and granted it based on aggravation of his pre-existing condition due to his service-connected right eye loss.

The Veteran is granted an initial 20 percent rating for residuals of a bilateral inguinal hernia with surgical repair before November 27, 2009.,The Veteran is also granted an initial 10 percent rating for surgical scars of the hernia repairs before November 27, 2009.

The Veteran's right leg disability, including his complex tibia and fibula fracture, chronic osteomyelitis, and below-the-knee amputation, is not deemed to be the result of VA carelessness, negligence, or lack of proper skill. The Board finds that there was no additional disability due to VA treatment.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board denied service connection for residuals of right and left toe fractures due to a lack of evidence showing current disabilities related to these fractures during active service.

The Veteran's claim for a compensable evaluation for service-connected right ring finger disability is denied. The Board finds that the evidence does not support an increased rating as there is no current fracture or degenerative joint disease related to the original service-connected dislocation of the right ring finger. The Veteran's bilateral hearing loss claim is also denied.

The Veteran's claim for nonservice-connected pension benefits was denied because her service did not meet the required wartime service requirement.

The Board denied the appellant's claim for apportionment of the Veteran's VA nonservice-connected pension, finding that hardship on the part of the appellant was shown but that an award would cause undue financial burden on the part of the Veteran.

The Board has decided to remand the case due to unclear financial information regarding the Veteran's and appellant's living situations, child support payments, and expenses. The parties are asked to provide updated information on these matters.

The VA determined that the Veteran's current acquired psychiatric disorder, diagnosed as adjustment and personality disorder, was not incurred in or aggravated by service. The Board found no evidence of a chronic psychiatric disorder during his active military service and concluded that his currently diagnosed condition is unrelated to his service.

The Veteran's claim for REAP benefits is denied as he did not serve on active duty in support of a contingency operation for 90 consecutive days or more during the period from January 6, 2003 to December 14, 2006.

The Veteran's appeal is being remanded due to the need for further development and consideration of her request for an extension of the commencement date for her Post-9/11 GI Bill benefits.

The Veteran's claim for payment or reimbursement of medical services provided by Florida Hospital Flagler on September 1, 2009 is denied because the emergency did not exist and all criteria for payment under the Millennium Bill Act were not met.

The Veteran's unauthorized medical expenses incurred during non-VA ambulance transport on June 9, 2009 are granted as he meets the criteria for reimbursement under VA regulations.

The Veteran's appeal is remanded due to incorrect calculation of his and his wife's annual income, which affects the determination of his pension rate. He needs to provide updated financial information.

The Board has decided to remand the case for further development, including a VA examination and additional VCAA notice.

The Board has determined that the Veteran's net worth exceeds the annual limit for receiving nonservice-connected VA pension benefits, and thus his claim is denied.

The Board denied the appellant's claim of legal entitlement to a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service.