Other conditions decisions — 2012

The VA determined that the Veteran's additional disabilities/post-operative complications were not due to carelessness, negligence, lack of proper skill, error in judgment, or a similar instance of fault on the part of VA providers, nor the result of an event not reasonably foreseeable.

The Veteran's residuals of a left ulna fracture have been manifested by painful motion with no ankylosis. The Board finds that the preponderance of evidence is against the claim for a higher rating.

The Veteran is seeking a higher initial disability evaluation for her lower back strain, which is currently rated at 20 percent. The case has been remanded due to the need for additional medical records and an updated VA examination.

The Veteran's residual scar from pilonidal cyst surgery is rated as a noncompensable disability, but the claim for an initial compensable rating has been granted.

The Veteran's death was not service-connected, and the appellant is denied recognition as his surviving spouse for VA benefits purposes. Accrued benefits are also denied.

The Board has determined that the appellant does not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is not eligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board denied the veteran's claim for one-time payment from the FVECF due to a certification by the service department that he did not have the requisite service to establish eligibility.

The Veteran's residuals of squamous cell carcinoma of the right arm result in a .25 by .25 scar that is not painful, stable, superficial, and results in no disabling effects. The criteria for a compensable initial rating have not been met.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration disability records.

The Veteran's appeal for reimbursement of unauthorized medical expenses has been dismissed due to his death.

The Veteran's claim for reimbursement of unauthorized private medical expenses incurred from June 23, 2009 to June 30, 2009 is denied as he has Medicare coverage which disqualifies him from receiving reimbursement under VA regulations.

The Board has determined that a compensable extraschedular rating of 10 percent is warranted for the Veteran's left inguinal hernia, as it results in marked interference with employment.

The Veteran's unauthorized medical expenses for a urinary tract infection were not reimbursable because the treatment was not for an emergency condition and he did not meet other eligibility criteria.

The Veteran's death is due to atherosclerotic cardiovascular disease, which was not caused by VA medical treatment.

The Board has remanded the case for additional development, including obtaining medical records and arranging for a VA examination to determine if any current heart disability is related to service.

The Veteran's claim for an increased evaluation of his gout is being remanded due to the need for a new VA examination and additional development of records.

The Veteran's claim for service connection for residuals of a torn tendon of the left great toe is being remanded due to inadequate medical opinions and further development is needed, including obtaining additional private medical records.

The Board found that there is no competent and credible evidence establishing that the appellant suffered a right leg injury or phlebitis during service, leading to a denial of his claim for service connection.

The Veteran's left side inguinal hernia is currently rated at 30 percent, reflecting recurrent but small or irremediable and not well-supported by a truss. The symptoms do not meet the criteria for a higher rating.

The Veteran's skin disability was not incurred in or aggravated by active military service and is not related to Agent Orange exposure. The claim for reopening the bilateral knee disability has been denied as no new and material evidence has been received.