Other conditions decisions — 2014

The Veteran's lung and skin disorders are being remanded for additional development, including obtaining service personnel records and a VA examination.

The Veteran's service-connected post-operative bone cyst, first metatarsal right foot is currently rated at 10 percent and does not meet the criteria for a higher rating. The Board finds that his disability does not warrant an increased rating as it does not approximate moderately severe disability.

The Board has determined that the March 2010 decision granting a special apportionment of the Veteran's VA compensation benefits effective August 8, 2010 was proper.

The Veteran's claim for payment of unauthorized medical expenses incurred at Citrus Memorial Hospital from March 15, 2010 to March 18, 2010 was denied as the condition had stabilized and it would have been safe to transfer him to a VA facility on March 14, 2010. There were no attempts made by the Veteran or the hospital to arrange for such a transfer.

The Veteran's claim for service connection for residuals of dental trauma and jaw disorder is being remanded to obtain additional medical records, conduct a VA examination, and determine the nature and etiology of his claimed conditions.

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

The Veteran and his widow were not receiving, entitled to receive but had unpaid, or had a claim pending for any VA monetary benefit at the time of their deaths. Therefore, the appellant's accrued benefits claim is denied.

The Veteran's claim for VA home loan benefits is denied as she did not meet the eligibility criteria due to less than 24 months of continuous service.

The Veteran does not have genital herpes that is causally related to his active service. The Board finds the claim for service connection denied.

The Veteran's appeal is being remanded due to a miscommunication regarding the completion of an updated Rehabilitation Needs Inventory. The RO must provide notice and request that she complete this form before assessing her current status for additional vocational rehabilitation training.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination to assess the current severity of his service-connected Chiari malformation with syringomyelia.

The Veteran's unauthorized medical expenses for treatment at Riverside Methodist Hospital on October 24, 2008 are denied as the treatment was not rendered in a medical emergency of such nature that delay would have been hazardous to life or health.

The Veteran's appeal has been dismissed due to his death. No service connection issues were addressed as the appeal was not about a claim for service connection.

The Board found that the Veteran's fractured right femur occurred prior to service and did not permanently worsen during service. The claim for residuals of a right femur fracture was denied as there is no evidence of aggravation.

The Board has remanded the case due to missing documents in the claims file, including a VA Form 10-10EZR signed by the Veteran and any documents pertaining to a waiver request. The claim will be readjudicated after these documents are obtained.

The Board has determined that the Veteran's dysthymia, as shown by competent evidence of record, has been so severe as to preclude substantially gainful employment from November 2, 2001. The criteria for entitlement to TDIU benefits prior to November 2, 2001 have not been met.

The Veteran's service-connected right leg disorder, including arthritis and edema, has been granted. The left leg disorder is also service connected but the rating assigned does not meet the criteria for SMC at the housebound rate.

The Board has remanded the case for a VA examination and opinion on whether there is clear and unmistakable evidence that the Veteran's respiratory disability was not aggravated by active service, or if any permanent worsening was due to the natural progression of the disease.

The Veteran's service-connected dysthymic disorder with cyclothymic disorder is currently rated at 50 percent disabling effective September 21, 2010. The Board found that the evidence did not support a higher rating.

The Board found that the Veteran was insane at the time of committing offenses leading to his discharge under other than honorable conditions, thus finding that his character of discharge is not a bar to VA benefits.