Other conditions decisions — 2009

The veteran's claim for payment or reimbursement of the costs of unauthorized private medical treatment incurred on October 5-6, 2006 was denied because it did not meet the criteria under 38 U.S.C.A. § 1728 and 38 C.F.R. § 17.120.

The Board denied service connection for colon cancer as there was no competent evidence linking the condition to the veteran's military service, including any exposure to herbicides.

The veteran's claim for service connection for anemia was denied, but the case is being remanded to obtain additional evidence.

The veteran's appeal for a total disability rating based on individual unemployability (TDIU) was dismissed due to his death.

The common law marriage between the veteran and the appellant is deemed valid, establishing the appellant as his surviving spouse for the purposes of VA benefits.

The appeal was dismissed due to the veteran's death.

The appeal is remanded to obtain a new VA examination and etiology opinion regarding the veteran's right inguinal hernia.

The case is remanded to gather records from the Daytona Beach VA Outpatient Clinic and to readjudicate the claim for reimbursement of medical expenses incurred at a private facility in June 2005.

The appeal is remanded to the RO for scheduling a Travel Board hearing.

The veteran's premature ventricular contractions, with chest pain, tremor, and twitches, were incurred in service. However, multiple lipomas are not shown to have been present in military service or for years thereafter, nor are they the result of any incident occurring during his military service.

The veteran was granted an effective date of June 13, 2001, for the grant of a total disability rating based on individual unemployability.

The Board denied an earlier effective date for TDIU, finding that the evidence did not show unemployability due to service-connected disability prior to November 1, 1994.

The appeal is remanded to the RO for scheduling a new VA aid and attendance examination.

The Board denied service connection for the cause of the veteran's death, as there was no evidence suggesting a link between colorectal cancer and military service or herbicide exposure.

The veteran's cancer of the right tonsil region is causally related to his active duty service, including presumed exposure to Agent Orange during his time in Vietnam.

The appeal is remanded to the RO for additional development, including obtaining any informed consent records associated with the May 2000 cervical spine surgery.

The overpayment of VA nonservice-connected pension benefits in the amount of $130.80 was properly created.

The veteran's right eye disability has not been found to be more severe than a rating of 30 percent, and his left eye disorder is unrelated to service or his service-connected right eye condition.

The Board must remand the veteran's claims to the RO for further development and consideration due to insufficient competent medical evidence regarding the etiology of his leg length discrepancy and upper extremity condition.

The veteran did not meet the duration requirements for a total disability rating under 38 U.S.C.A. § 1318, and there was no clear and unmistakable error in any prior decision that would have met these requirements.