Other conditions Board decisions

The Board dismissed the appeal due to the death of the appellant, and thus has no jurisdiction to adjudicate the merits of this claim.

The Veteran's service-connected residuals of a fracture of the fifth proximal metacarpal of the left hand is rated at 0 percent (noncompensable) and not shown to interfere with employment or require frequent hospitalization.

The Veteran's service-connected right shoulder disability has been rated at 20 percent since the filing of his claim. The Board found that the condition more nearly approximates limitation of motion to shoulder level, warranting a 20 percent rating under Diagnostic Code 5201.

The Board has determined that contested claims procedures have not been followed and the case is being remanded for further action.

The VA determined that the Veteran's neck disorder was not incurred or aggravated by service, and therefore denied his claim for service connection.

The Board dismissed the appeal due to the appellant's withdrawal of his Substantive Appeal.

The appellant is in receipt of the maximum annual rate of pension benefits for a surviving spouse with no dependent minor children. Her claim for an increase in the amount of pension benefits cannot be granted as she has always received the maximum annual rate, save for periods when she was not entitled to any benefits due to fugitive felon status.

The Veteran's claim for service connection for a lung disorder, including as due to gas exposure during his military service, is being remanded for further development.

The Board has decided to remand the case for further development, including obtaining VA treatment records and scheduling a VA pulmonary examination.

The Veteran's appeal is being remanded due to the need for additional medical records and a new examination. The issue remains whether he qualifies for special monthly pension at the housebound rate.

The Veteran's service-connected patellar tendinitis of the left knee is currently manifested by pain and minimal limitation of motion, but does not meet the criteria for a higher rating.

The Board has remanded the case for additional development, including obtaining service treatment records and determining when any periods of ACDUTRA occurred. The Veteran's bilateral Achilles tendon inflammation will be examined to determine its likely etiology.

The Veteran withdrew the appeals for an initial, compensable disability rating for basal cell carcinoma and the appeal for service connection for hyperlipidemia at his hearing before the Board.

The case is remanded for further action regarding the appellant's claim of recognition as the Veteran's surviving spouse for purposes of VA death benefits.

The Veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 for loss of vision is being remanded to allow for consideration of new evidence.

The Veteran's widow is seeking payment or reimbursement for medical expenses incurred at TCRH and WFUBMC, including ambulance transfers. The VAMC has denied the claim on grounds that the Veteran had some degree of insurance coverage (specifically, under Medicare parts A and B). The Board will remand the case to allow further development in light of the Veterans' Emergency Care Fairness Act of 2009.

The Veteran's claim for payment or reimbursement of emergency treatment provided by the Cushing Regional Hospital on April 9, 2008 is being remanded to the VA Medical Center in Jackson, Mississippi. The case will be readjudicated after obtaining additional records and addressing whether a VA facility was available.

The VA has denied the veteran's claim for an increased disability rating in excess of 40 percent for his service-connected residuals of burns to the thighs, buttocks, perianal and perineum. The evidence does not support a higher rating as there is no indication of widespread or separate scars, nor any limitation of motion due to these conditions.

The Veteran's left foot disability, characterized by degenerative changes of the tarsal articulations and middle metatarsophalangeal joint, is currently rated as 10 percent disabling under Diagnostic Code 5003.

The Board found no clear and unmistakable error in the November 1988 decision that denied restoration of TDIU rating and increased disability evaluation for herniated nucleus pulposus, L4-L5.