Other conditions decisions — 2011

The Board has determined that the Appellant's claim for DEA benefits beyond June 2, 2005 is granted based on her eligibility as a spouse of a permanently and totally disabled veteran.

The case is being remanded for the RO to provide the appellant with the amended regulations governing burial and internment allowances, and then to return it to the Board.

The Board has remanded the case for further development and consideration, including obtaining a copy of the Veteran's claims file and conducting an Education Compliance Survey.

The Veteran's claim for additional educational assistance benefits under the Reserve Educational Assistance Program (REAP) is being remanded due to the need for verification of his periods of service and reconsideration under new legislation.

The Veteran's claim for payment or reimbursement of unauthorized medical services provided by Florida Hospital between January 4 and 12, 2005 was denied as the criteria for emergency care under the Veterans Millennium Healthcare and Benefits Act were not met. The Veteran could have been safely transferred to a VA facility after his initial stabilization on January 3, 2005.

The Veteran's claim for an increased rating for laryngitis is being remanded due to the need for additional development, including a VA examination.

The Board has determined that the Veteran's service-connected scars of the left arm and chest wall do not warrant a compensable evaluation, as they are not shown to cause any functional impairment or limitation. The initial noncompensable ratings assigned in August 2007 remain unchanged.

The Veteran's iron deficiency anemia has not been manifested by hemoglobin level of less than 10 and is characterized as mild and stable. The criteria for an initial compensable rating have not been met.

The Board has ordered a remand to determine if the Veteran's service-connected bilateral leg phlebitis alone renders him unemployable.

The Board has determined that the Veteran's chronic prostatitis is related to his period of active duty in November 2006, and thus service connection for this condition is granted.

The Board determined that the overpayment of retro benefits was due to VA error and not owed by the Veteran, thus denying the claim for waiver.

The Board found that the Veteran's chronic obstructive pulmonary disease is not etiologically related to service, including asbestos exposure.

The Veteran's T-12 anterior spinal infarction and partial paraplegia of the lower extremities are not service-connected under 38 U.S.C.A. § 1151 due to lack of skill, carelessness, negligence, or an unforeseen event in VA treatment.

The Veteran seeks service connection for porphyria cutanea tarda, which he claims is related to his in-service exposure to herbicides. The case is being remanded for a VA examination and further analysis of the etiology of the condition.

The Veteran's claim for service connection for chronic lymphocytic leukemia, claimed as secondary to exposure to ionizing radiation during his active duty service, is being remanded due to the need for additional evidence and a VA examination.

The Veteran's adjustment disorder was granted service connection and assigned a 10% evaluation from October 3, 2005. The claim for an increased evaluation to 50% on or after May 1, 2008, is denied. His spastic colon and gastritis are currently rated at 30%.

The Board has reduced the Veteran's disability evaluation for syncope due to intermittent complete heart block from 60 percent to 30 percent effective September 1, 2006, and then to 10 percent effective January 1, 2010. The reduction was proper based on improvement in the Veteran's METS level.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination and obtaining additional medical records. The claims will be readjudicated after the additional development.

The Board has remanded the case due to incomplete records and the need for a VA examination. The Veteran's claim of service connection for a bilateral foot disorder is pending.

The Veteran's unauthorized medical expenses incurred on May 9, 2006 at Holmes Regional Medical Center were granted as the care was of such nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous to life or health.