Other conditions decisions — 2007

The Board found that the private medical services provided on January 28, 2005 were not a medical emergency and that a VA facility was feasibly available. The veteran's testimony regarding her symptoms did not align with the contemporaneous evidence of record, leading to denial of reimbursement.

The veteran's treatment at PVH for acute appendicitis was timely filed and met all eligibility criteria, including being emergent care provided by a prudent layperson. The VA facility was not feasibly available, the veteran had no health insurance coverage other than VA healthcare, and he is financially liable.

The Board has determined that the veteran's right eye disorder does not warrant a rating higher than the current 30 percent assigned, as his condition is already at its maximum schedular rating for impairment of central visual acuity.

The Board has determined that further development is needed to determine if the appellant was correctly identified as a fugitive felon, which would result in discontinuance of nonservice connected pension benefits and creation of an overpayment.

The veteran's request for an extension of vocational rehabilitation training benefits has been denied, and the Board is remanding the case to schedule a videoconference hearing.

The Board finds that the veteran's request for waiver of recovery of an overpayment of nonservice-connected disability pension benefits was timely filed, and grants this portion of his appeal.

The VA denied the veteran's claim of service connection for multiple myeloma as there was no competent, objective evidence linking his current condition to his military service.

The veteran's claim for payment or reimbursement of medical services provided by Baxter Regional Medical Center from September 5, 2005 to September 14, 2005 is being remanded due to inadequate VCAA notice and incorrect legal criteria.

The veteran's claim for an increased rating for left epididymitis is being remanded due to the need for additional development, including a medical examination.

The Board has ordered a remand due to the need for further examination and consideration of all issues raised by the veteran's appeal, including pain, unstable sternum, and staph infection.

The veteran's appeal for a disability evaluation in excess of 50 percent for post-traumatic stress disorder is dismissed. The Board also dismissed the claim for a total rating based on individual unemployability due to service-connected disabilities.

The Board has determined that the appellant's deceased father did not have verified active military service with the U.S. Armed Forces, and therefore is not eligible for VA benefits.

The veteran's claim for payment or reimbursement of unauthorized emergency medical care at St. Joseph Hospital on February 25, 2004 is denied as there was no legal basis to establish entitlement under the governing legal authority.

The Board has determined that the veteran's current tonsillar fossa and/or lateral oropharyngeal squamous cell cancer with metastases, including left parotid is not related to service, specifically herbicide exposure. The preponderance of evidence does not support a finding of service connection.

The Board has determined that the veteran's death was caused by atherosclerotic cardiovascular disease, which is considered service-connected as it developed during his active duty.

The Board has denied the veteran's claims of service connection for a heart murmur and an aortic valve disease, status post-heart valve replacement. The evidence does not support a finding that these conditions are related to military service.

The Board has remanded the case for further development, including obtaining VA medical records and scheduling a VA examination to determine if the veteran's current chronic vasomotor rhinitis is related to his service.

The Board has determined that the veteran's squamous cell carcinoma of the right forearm is presumed to be due to his exposure to herbicide agents during service, and thus service connection is granted. The issue of secondary service connection for lung cancer is also addressed.

The Board denied the appellant's claim for an earlier effective date for Dependents' Educational Assistance (DEA) benefits under Chapter 35 of Title 38, United States Code. The decision stated that the appellant was not entitled to DEA benefits prior to April 21, 2002 due to VA regulations preventing payment for training received more than one year before his claim was received.

The Board denied the reopening of the veteran's claim for service connection for rheumatic fever and chorea, finding that no new and material evidence had been submitted.