Other conditions decisions — 2011

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board has determined that there are discrepancies in the RO's determination to deny the Veteran nonservice-connected pension benefits and has ordered a remand for an audit of the Veteran's income and medical expenses.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund as she did not meet the legal requirements and her deceased spouse had died before the fund was established.

The Veteran has been granted service connection for sleep disturbance with hypoventilation, but the Board finds no evidence of a distinct sleep disorder other than central apnea and excessive daytime sleepiness. The Veteran's claim for these conditions is mixed as some are granted while others are denied.

The Board denied the Veteran's claims for service connection for MGUS and CVID, finding that there was no evidence linking these conditions to his in-service benzene exposure. The Board also found that the conditions were not present during active military service or within one year of discharge.

The Board denied compensation benefits under 38 U.S.C.A. § 1151 for anal carcinoma residuals, finding that the evidence did not establish that VA's care or treatment caused additional disability.

The Board has determined that further development is necessary in both the pension and service connection for cause of death claims. The appellant's income and expenses from 2008 to 2010 are required, as well as a statement of the case on the service connection issue.

The Board has remanded the case for a VA medical opinion to determine if the Veteran's hepatoma is etiologically related to service, including presumed herbicide exposure and exposure to hepatitis B.

The Veteran's claims for increased rating, TDIU, and service connection were denied. The claim for the removal of teeth numbered 1 and 32 was also denied.

The Veteran's unauthorized medical expenses incurred at Baptist Medical Center in Little Rock, Arkansas, from March 26 to April 3, 2007, were approved for payment as emergency care provided in a non-VA facility due to the nature of his condition and inability to be safely transferred to VA facilities.

The Veteran's duodenal ulcer is currently evaluated at a 10 percent rating, and the Board finds that his condition does not warrant an increased rating.

The Veteran's residuals of a distal nerve injury to the right index finger are rated as 10 percent disabling since June 27, 2006.

The Board found that the Veteran's current low back disability is not related to his service, and thus denied his claim for service connection.

The Veteran's service-connected residuals of a shell fragment wound to the right hip with retained foreign bodies have been granted an increased rating to 40 percent, effective from the date of the claim.

The Board granted a single 10 percent rating for the Bell's palsy residual of lagophthalmos during the entire appeals period and an additional, separate 10 percent rating from May 26, 2010, for the Bell's palsy residual involving the seventh cranial nerve.

The Board found no evidence to support a finding that the Veteran's current low back disorder is causally or etiologically linked to his period of active military service, including any event or incident therein.

The Veteran's left vocal cord paralysis was caused or aggravated by the lung cancer surgery and prosthesis surgery performed at VA, but it was not due to negligence on the part of the VA medical staff.

The Board denied the Veteran's claim for service connection for a right foot disability, finding that his current diagnosis of metatarsalgia was not related to his active service.

The Veteran's appeal is remanded for further examination and development, including obtaining VA outpatient treatment records and scheduling a VA compensation examination to reassess the severity of her service-connected adjustment disorder with mildly depressed mood.

The Veteran's duodenal ulcer is currently rated at 10 percent and the Board finds that it does not meet the criteria for a higher rating under the applicable diagnostic code.