Other conditions Board decisions

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Parrish Medical Center is denied as the VA facility was feasibly available and there were no emergency conditions warranting private treatment.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 was granted, as her surgery resulted in an epidural hematoma that was not reasonably foreseeable and caused by VA carelessness or negligence.

The Veteran's HIV was initially rated at 10 percent prior to August 24, 2009. From that date onward, the rating was increased to 30 percent.

The Veteran's appeal has been dismissed due to his death, and the issue of entitlement to VA compensation for bilateral lower extremity paralysis under 38 U.S.C.A. § 1151 is moot.

The Veteran's claim for an increased disability rating for his service-connected post bilateral exostectomy of the great toes is being remanded due to the need for a VA examination and additional VA treatment records.

The Veteran's claim for an increased rating for postoperative residuals of a laceration of the right ring finger and a flexion contracture deformity of the right little finger is being remanded due to scheduling issues with the VA examination.

The Board denied the Veteran's claim for a rating in excess of 10 percent for aplastic anemia, finding that his condition has improved and he no longer requires transfusions. The reduction from 100% to 10% was also denied as there is no evidence of improvement or remission.

The Board dismissed the motion for revision of a September 20, 2010 decision based on clear and unmistakable error (CUE) because the Veteran did not provide specific allegations of error in his motion.

The Veteran's service-connected residuals of a shrapnel wound of the left leg are manifested by moderate muscle weakness symptoms, warranting a 10 percent disability rating.

The Board granted a 60 percent rating for the service-connected residuals of a shrapnel wound to the right anterior chest, effective from June 8, 2010.

The Veteran's lung disorder, including pleural plaques and interstitial disease, is found to be causally related to his exposure to asbestos during service. Service connection for this condition is granted.

The Board found that the Veteran's narrowing of arteries is not related to his service-connected diabetes mellitus and denied both his claim for service connection and his increased rating claim.

The Board is remanding the cause-of-death claim to obtain additional VCAA notice and medical nexus opinions. The appellant believes her husband's terminal liver cancer was caused by his exposure to Agent Orange in Vietnam, but this theory of entitlement does not apply as he did not die from a condition listed for presumptive service connection due to herbicide exposure.

The Veteran's claim is denied as there is no basis for establishing service connection for a dental disorder, including as a residual of trauma, for purposes of receiving outpatient treatment.

The Veteran's residuals of gunshot wounds to the second and third toes of his right foot are rated at 10 percent, but do not meet the criteria for a higher rating as they do not demonstrate moderately severe muscle injury or moderate disability of the foot.

The Board has decided to remand the case for further review and consideration of new evidence, including a medical opinion from a VA physician specialist.

The Veteran's daughter is recognized as a 'helpless child' due to permanent incapacity for self-support prior to attaining age 18, based on new evidence of her mental and psychiatric conditions.

The Board finds that the Veteran's gastrointestinal disorder is related to service and grants service connection for this condition. The remaining issues are addressed in the REMAND portion of the decision.

The Board has determined that the Veteran's pre-existing dizziness, to include vertigo and otitis media, disability was not aggravated by service. Therefore, service connection for this condition is denied.

The Veteran's service-connected left thigh fragment wound residuals are rated at 10 percent, with a separate rating of 10 percent for muscle damage. The Board has determined that the Veteran is entitled to these ratings based on his service-connected disability.