Other conditions decisions — 2006

The Board has ordered additional development due to concerns about the completeness of evidence in the veteran's file, including potential fraud allegations. The case will be remanded for further review and adjudication.

The Board found no evidence to support the claim that the veteran's death was due to a service-connected disability, and denied Dependency and Indemnity Compensation based on service connection for the cause of death.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse for VA benefits due to the undisputed facts showing that she was not married to the veteran for a period of one year or more prior to his death, and there was a legal impediment to their marriage.

The Board found that the veteran's malignant astrocytoma, which caused his death in October 1990, was not incurred or aggravated by service. The evidence did not establish a causal connection to Agent Orange exposure during service.

The Board has decided to remand the case for further action, including scheduling an in-person hearing before a Veterans Law Judge at the Manila RO.

The Board denied the claim of service connection for the cause of the veteran's death, finding that there was no evidence linking his fatal cancer to military service or exposure to ionizing radiation.

The veteran's entitlement to individual unemployability was granted, establishing basic eligibility for DEA benefits. However, as the appellant reached his 26th birthday before the effective date of the finding that the veteran had a permanent total service-connected disability, he is not eligible for DEA benefits.

The veteran's claim for a higher rating for his service-connected fatigue, abdominal pain with diarrhea, night sweats, bilateral elbow pain, intermittent paresthesia of both lower extremities, and sleep disorder is being remanded due to the need for additional medical records and an updated VA examination.

The effective date for the TDIU rating is April 1, 1998.

The Board has granted a disability rating of 20 percent for service-connected prostatitis, effective from the February 2005 VA examination.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The veteran's unauthorized medical expenses from October 10, 2002 to October 11, 2002 were reimbursed as the treatment was for a continued medical emergency and VA facilities were not feasibly available. However, reimbursement for services provided from October 11, 2002 to October 15, 2002 was denied due to lack of an ongoing medical emergency.

The veteran withdrew his appeals for impotency and benign prostatic hyperplasia and prostatitis at a June 2006 Travel Board hearing, leaving no unresolved issues in these matters.

The Board has determined that a medical opinion is necessary to decide the claim regarding the cause of the veteran's death, as there are references to a heart condition in his service records and arteriosclerotic cardiovascular disease listed on his death certificate.

The Board has determined that the veteran's treatment at St. Luke's Regional Medical Center from May 16, 2003 to May 22, 2003 was for an emergent condition and a VA facility was not feasibly available, thus allowing reimbursement of unauthorized medical expenses.

The veteran's appeal is about the disability rating for his service-connected duodenal ulcer. The RO has continued a 20 percent disability rating, and the case must be remanded to comply with VA's duty to notify and assist claimants in substantiating their claims.

The veteran's claimed conditions of dizziness, total body soreness, fatigue, and headaches are not service-connected. The Board found that the diagnoses for hypertension and left anterior fascicular block were not related to his active service.

The Board denied the veteran's claim for a higher initial rating for his right inguinal hernia, finding that the condition did not meet the criteria for an increased rating.

The veteran's muscle and joint pain, including pain in the feet, is related to service. The residuals of ligamentous injuries to both feet are also found to be related to service.

The Board found that the veteran's service-connected right leg disability did not cause or contribute substantially to his death due to hemorrhagic fasciitis and generalized infection.