Other conditions decisions — 2011

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected right hand fracture, fourth and fifth metacarpal. The issue will be reconsidered after this additional development.

The Board has remanded the case for consideration of provisions under 38 C.F.R. § 21.3046(c)(ii) in accordance with Ozer, and to determine if the appellant changed her education program after December 22, 2001.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on December 17, 2007 at St. John Medical Center in Tulsa, Oklahoma is denied because the condition was not an emergency and there were feasibly available VA facilities.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for additional left eye disability as a result of VA treatment, and the case has been remanded to obtain medical records and conduct an examination.

The Veteran's claim for payment or reimbursement of medical expenses incurred at Harrison Medical Center due to a heart attack is denied as he was not an active VA health-care participant and had not received VA care within the preceding 24 months.

The Board found that the appellant did not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrilla service. Therefore, he is not eligible for compensation from the Filipino Veterans Equity Compensation Fund.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining the one-time payment from the Filipino Veterans Equity Compensation Fund, and therefore denies legal entitlement to such benefits.

The Veteran's unauthorized medical expenses incurred from September 13, 2007, through September 19, 2007, at the University of Tennessee Medical Center were reimbursed due to his condition being an emergent and continued medical emergency that could not be safely transferred to a VA facility.

The Board has determined that the Veteran did not make an irrevocable election for education benefits under the Post-9/11 GI Bill program in lieu of benefits under the Montgomery GI Bill program, thus granting the appeal.

The Board found that the Veteran's claimed conditions did not meet the criteria for service connection, as there was no evidence of a chronic disability related to his military service.

The Veteran's income exceeds the maximum allowable pension rate for a housebound Veteran with one dependent, thus he is not entitled to nonservice-connected disability pension benefits.

The Veteran's service-connected laceration over the left eye resulted in a painful scar that was initially evaluated as noncompensable and later granted a 10 percent evaluation effective April 14, 2005. The Board found no evidence of disfigurement or other characteristics warranting higher evaluations.

The case is being remanded to the Roanoke RO for further development and re-adjudication due to incomplete treatment records from the Veteran's hospitalizations at the Hunter Holmes McGuire VAMC.

The Board found that the Veteran's arrest warrant was not properly issued, and thus his pension benefits were not improperly discontinued. As a result, the overpayment of $42,103.77 was not created due to improper discontinuance, and the appeal for waiver is granted.

The Board has determined that the Veteran's residuals of a right submandibular gland duct injury are the result of an event not reasonably foreseeable during VA treatment, and thus meets the criteria for compensation under 38 U.S.C.A. § 1151.

The Board granted an earlier effective date for Total Disability Rating Based on Individual Unemployability (TDIU) benefits, resulting in a total award of $51,454.00 to the Veteran and a corresponding fee of $10,290.80 to his attorney.

The Veteran is entitled to a compensable rating (10%) for his right thumb disability from February 1, 2009 and prior to October 27, 2008. The condition was manifested by pain, weakness, and limited movement without objective confirmation of loss of motion or arthritis.

The Veteran's left arm disability, including her fracture of the upper humerus and degenerative disc disease of the lumbar spine, has been granted service connection. The claim for an increased rating for residuals of a fracture of the left upper humerus was also granted.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board found that there is no evidence linking the Veteran's skin disability of the feet and toenails to his active service, including any post-service continuity of symptoms.