Other conditions decisions — 2011

The Veteran's service is not considered qualifying for nonservice-connected death pension benefits due to his guerilla service, which does not meet the criteria.

The appellant's income exceeds the maximum annual pension rate, preventing her from receiving any nonservice-connected death pension benefits.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Lompoc Valley Medical Center on December 21, 2008 was denied because he did not receive VA care within the required 24-month period preceding the treatment.

The appeal has been withdrawn by the appellant's authorized representative, resulting in its dismissal.

The Board's July 2008 decision regarding the Veteran's claims of entitlement to additional special monthly compensation based on the need for regular aid and attendance and based on loss of use due to deafness has been vacated, and the appeals as to these issues have been dismissed due to the Veteran's death.

The Board found that the cause of death, hepatocelluar carcinoma, was not related to service or any service-connected condition. The Veteran's service-connected conditions did not contribute substantially to his death.

The Board found that the evidence added to the record does not raise a reasonable possibility of substantiating the claim for service connection for a gastrointestinal disorder, and thus denied the reopening of the claim.

The Board has remanded the case for further development due to inadequate examination in May 2007, including lack of clarity regarding pain and additional limitation of motion.

The Board has determined that the appellant's treatment on October 10, 2005, constituted a medical emergency and that VA facilities were not feasibly available to provide such care. Therefore, payment or reimbursement for unauthorized medical expenses is granted.

The Veteran's service-connected chronic tear at the medial head of gastrocnemius, left leg is currently rated 20 percent disabling. The Board finds that his symptoms do not warrant a higher rating as they are consistent with a moderate level of disability.

The Board has granted service connection for arthritis of the feet, finding that it is more likely than not related to military service.

The Board found that the Veteran's respiratory disorder, including a right-sided chest empyema with pepto-strep infection, was not incurred in or aggravated by service. The disorder is considered to be unrelated to active duty.

The Veteran's squamous cell carcinoma of the tongue is due to in-service Agent Orange exposure and the Board finds that it has been medically attributable to this exposure.

The Veteran's initial claim for a higher rating for his right knee disability was denied. The RO granted service connection and assigned a noncompensable rating prior to February 20, 2006, and then increased the rating to 10 percent effective February 20, 2006.

The Veteran is seeking an increased evaluation for his lower thoracic compression fracture, which he claims as Scheuermann's disease. The case must be returned to the RO for a Travel Board hearing and further development.

The Board has determined that the Veteran's thoracic spine disorder is service-connected, as it originated with a fall in service and continues to affect her thoracic region.

The Veteran's current atrial fibrillation was not present during service and the Board finds that it is less likely than not related to his in-service heart murmur. The preponderance of evidence does not support a finding of service connection.

The Veteran's ventricular arrhythmia, sustained status-post implanted cardiac pacemaker disease is manifested by a workload of 9-10.6 METs and dyspnea on severe exertion; without cardiac hypertrophy or dilatation or a workload not greater than 7 METs. The criteria for a disability rating in excess of 10 percent have not been met.

The Veteran's claims for higher initial ratings for arthritis of the right index finger, right long finger, left index finger, and left long finger from June 26, 2002 were denied as there is no evidence of service connection or any other basis for granting these claims.

The Board has determined that the appellant's income exceeds the maximum annual death pension rate, and therefore her claim for nonservice-connected death pension benefits is denied.