Other conditions decisions — 2013

The Veteran's claim for an increased rating for residuals of a chip fracture of the cuboid of the left foot was denied as he failed to report for a scheduled VA examination without good cause.

The Board found that the overpayment of $992.80 was valid and denied the Veteran's request for a waiver of recovery due to fault on his part.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces prior to July 1, 1946. Therefore, they are not eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's service-connected bilateral hip replacements are currently rated at 30 percent each, and the Board finds that these ratings are not in excess of what is warranted based on the evidence.

The Board has determined that the appellant does not have qualifying service for eligibility to a one-time payment from the Filipino Veterans Equity Compensation Fund, and thus is denied legal entitlement.

The Board has granted a 30 percent rating for the service-connected cysts, which affects more than 20 but less than 40 percent of the entire body and exposed areas. The decision is based on the Veteran's skin condition affecting his back, neck, chin, earlobes, and groin area.

The Board has remanded the case for additional development due to a lack of adequate rationale in the April 2011 VA examiner's opinion regarding the etiology of the Veteran's current residuals of cerebrovascular accident with left side hemiplegia.

The Board denied the Veteran's claims for earlier effective dates for a 40 percent rating for chronic prostatitis and for TDIU. The Veteran was not granted an earlier effective date for his service-connected disability.

The Board found that the Veteran's right hand disability, characterized by a fracture of the proximal phalanx in the ring finger and tendon repair in the middle finger, does not warrant an increased rating beyond the current 20 percent evaluation.

The Veteran's foot callous and eye disabilities are not service-connected, as the evidence does not establish a link between these conditions and his military service. The atrophic retinal hole in the left eye is presumed to be related to Agent Orange exposure.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that his fatal cancer was not related to his military service.

The Veteran's unauthorized medical expenses incurred at non-VA facilities were not reimbursable as the treatment was not authorized in advance by VA and did not meet the criteria for emergency services under 38 U.S.C.A. § 1725.

The Veteran's enrollment in the VA healthcare system constituted medical services under authority of 38 U.S.C. Chapter 17 within the 24-month period preceding the furnishing of emergency treatment at Peacehealth St. Joseph Hospital on September 26-27, 2010. The Board finds that her enrollment may be considered as meeting this requirement and grants payment or reimbursement for unauthorized medical expenses.

The Board has determined that the appellant's current disability of cervical spine degenerative spondylosis is related to a motor vehicle accident he was involved in while on authorized duty, and thus service connection for this condition is granted.

The Board finds that the overpayment regarding additional compensation for a dependent spouse was properly created, and thus denies the Veteran's appeal.

The Board finds that the Veteran's recurrent UTIs do not meet or approximate the criteria for a compensable initial evaluation under any applicable rating code.

The Veteran's claim for TDIU is being remanded due to his failure to report for a VA examination. The case will be returned to the Board after appropriate development.

The Veteran's claim for an increased rating in excess of 10 percent for his service-connected right foot fracture residuals was denied as he failed to report for a necessary VA examination.

The Board found that there is no evidence of a chronic ear disorder other than sensorineural hearing loss during service or since the filing of the claim. The Veteran's itchy ears are not considered to be related to his military service.

The Board has granted service connection for a pituitary tumor, which represents a complete grant of the benefit sought on appeal. The issue of entitlement to an initial compensable rating for hypertension is addressed in the REMAND portion of the decision.