Other conditions Board decisions

The Veteran is in need of regular aid and attendance due to his service-connected disabilities, including residuals of shell fragment wound (SFW) to the right thigh with atrophy of the right lower extremity, which includes foot-drop, limited motion of the knee and ankle, and paralysis of the common peroneal nerve. The Board finds that he is unable to function in an appropriate manner without supervision and assistance.

The Veteran's appeal was dismissed due to his death.

The appellant's claim for the one-time payment from the Filipino Veterans Equity Compensation Fund is denied as her husband did not have a pending claim at the time of his death and therefore does not meet eligibility criteria.

The Veteran's claim for a higher housing allowance under the Post 9/11 GI Bill was denied because she is enrolled at the University of Kansas in Lawrence, Kansas. The housing allowance should be based on the MHA for Lawrence, not the MHA for Overland Park where she attends classes.

The Board finds that the Veteran's unauthorized medical expenses for emergency treatment at St. Clare Hospital on March 27, 2010 were reasonable and necessary due to a prudent layperson expectation of health hazard from delay in seeking care, with no feasible VA alternative.

The Veteran's service-connected residuals of a nasal fracture are not manifested by 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side, and thus do not meet the criteria for a compensable evaluation.

The case is being remanded for further development, including a genitourinary examination and clarification of the examiner's opinion regarding the service-connected left varicocele.

The Veteran's right and left foot hallux valgus/bunions were found to be less than severe, with no equivalent to amputation of the great toe. The disabilities are rated as noncompensable under Diagnostic Codes 5280 and 5284.

The Veteran's service-connected disabilities have effectively precluded him from using his lower extremities without the aid of a wheelchair, meeting the criteria for specially adapted housing.

The Board denied the appellant's claim for nonservice-connected death pension benefits because her income exceeded the maximum allowable amount.

The Veteran's degenerative changes of the bilateral hands, hips, knees, and feet were evaluated at a noncompensable rating prior to January 23, 2010. As of January 23, 2010, his right hip was rated as 10 percent disabling, while his left hip remained at a noncompensable rating.

The Board denied the appellant's claim for a higher disability rating for benign prostatic hypertrophy with dysuria, finding that his condition warranted only a 20 percent disability rating from April 1, 2010.

The Veteran's right leg varicose veins have not been manifested by persistent ulceration or subcutaneous induration, and the current rating of 40 percent adequately reflects his disability.

The Veteran's initial rating for nephrolithiasis has been granted at a 30 percent level, which is the maximum schedular rating available. The appeal was based on recurrent stone formation requiring drug therapy.

The Veteran's appeal involves a claim for increased evaluation of his service-connected urethral stricture, including separate evaluations for testicular pain and nerve damage (pudendal nerve impingement). The Board has determined that further development is needed to address the current level of severity of these conditions.

The Board found that the Veteran's current skin disability, hydradenitis suppurativa, did not manifest during service and is not related to any in-service disease or injury. The VA examiner concluded that the current condition began 9 years after service and has no relationship to the conditions treated during service.

The Veteran's varicose vein disorder of the right lower extremity is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence.

The case is being remanded for a thorough search of all records related to the decedent's medical expense report, and for consideration of the claim in light of any new evidence.

The Veteran's situational phobia (claustrophobia) was initially demonstrated in service and has continued since then, meeting the criteria for direct service connection.

The Veteran's daughter, the appellant, was denied accrued benefits for stopped special monthly pension payments due to a lack of legal entitlement under VA regulations and laws.