Other conditions Board decisions

The Veteran's unauthorized medical expenses incurred from September 13, 2007, through September 19, 2007, at the University of Tennessee Medical Center were reimbursed due to his condition being an emergent and continued medical emergency that could not be safely transferred to a VA facility.

The Board has determined that the Veteran did not make an irrevocable election for education benefits under the Post-9/11 GI Bill program in lieu of benefits under the Montgomery GI Bill program, thus granting the appeal.

The Board found that the Veteran's claimed conditions did not meet the criteria for service connection, as there was no evidence of a chronic disability related to his military service.

The Veteran's income exceeds the maximum allowable pension rate for a housebound Veteran with one dependent, thus he is not entitled to nonservice-connected disability pension benefits.

The Veteran's service-connected laceration over the left eye resulted in a painful scar that was initially evaluated as noncompensable and later granted a 10 percent evaluation effective April 14, 2005. The Board found no evidence of disfigurement or other characteristics warranting higher evaluations.

The case is being remanded to the Roanoke RO for further development and re-adjudication due to incomplete treatment records from the Veteran's hospitalizations at the Hunter Holmes McGuire VAMC.

The Board found that the Veteran's arrest warrant was not properly issued, and thus his pension benefits were not improperly discontinued. As a result, the overpayment of $42,103.77 was not created due to improper discontinuance, and the appeal for waiver is granted.

The Board has determined that the Veteran's residuals of a right submandibular gland duct injury are the result of an event not reasonably foreseeable during VA treatment, and thus meets the criteria for compensation under 38 U.S.C.A. § 1151.

The Board granted an earlier effective date for Total Disability Rating Based on Individual Unemployability (TDIU) benefits, resulting in a total award of $51,454.00 to the Veteran and a corresponding fee of $10,290.80 to his attorney.

The Veteran is entitled to a compensable rating (10%) for his right thumb disability from February 1, 2009 and prior to October 27, 2008. The condition was manifested by pain, weakness, and limited movement without objective confirmation of loss of motion or arthritis.

The Veteran's left arm disability, including her fracture of the upper humerus and degenerative disc disease of the lumbar spine, has been granted service connection. The claim for an increased rating for residuals of a fracture of the left upper humerus was also granted.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board found that there is no evidence linking the Veteran's skin disability of the feet and toenails to his active service, including any post-service continuity of symptoms.

The Veteran's claim for service connection for a stomach condition, including as secondary to his service-connected prostatitis, is granted.

The Veteran's appeal has been dismissed as he withdrew his appeal for the issue of service connection for cancer of the base of the tongue, with metastasis to the lymph node.

The Veteran's 100% disability rating is granted, and a portion of his VA benefits are apportioned to the appellant for her minor child.

The Board found that the Veteran's cause of death, pulmonary fibrosis, was not related to his service-connected conditions and thus denied the claim for service connection for the cause of the Veteran's death.

The Veteran's claim for a rating in excess of 10 percent for ptosis, left eye is being remanded due to the need for an adequate VA examination and further development of the record.

The Veteran is seeking service connection for cellulitis of the bilateral lower extremities, which he claims is related to his service-connected left inguinal herniorrhaphy. The case has been remanded due to the need for an addendum opinion regarding whether the service-connected condition caused or aggravated the claimed disability.

The Board has reopened the Veteran's claim of service connection for peptic ulcer disease based on new and material evidence. The case is now remanded to the RO for further consideration.