Other conditions decisions — 2011

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Quincy Medical Group on July 22, 2009 is denied as he was covered under a health-plan contract and thus ineligible for VA benefits.

The Board has determined that the Veteran made an irrevocable election for educational benefits under the Post-9/11-GI Bill program (Chapter 33) in lieu of benefits under the Montgomery GI Bill (MGIB) program (Chapter 30).

The Board denied service connection for the cause of death due to colon cancer, which was presumed to be related to Agent Orange exposure. The claim for DIC under 38 U.S.C.A. § 1318 was also denied as there was no evidence indicating that the Veteran's primary cause of death (colon cancer) was a type of cancer presumed service-connected in veterans exposed to Agent Orange.

The Board found that the appellant's current arthritis was not present during service, did not manifest to a compensable degree within one year of service separation, and is not causally related to his active service or any incident therein. As such, the claim for service connection for arthritis was denied.

The Board has granted an increased rating of 10 percent for the service-connected right inguinal hernia, but denied service connection for a nervous condition secondary to the hernia. The effective date is not specified.

The Board denied the Veteran's claims for service connection for disabilities resulting from exposure to Agent Orange and for adjustment of nonservice-connected pension benefits. The decision found that there was no positive association between the Veteran's claimed conditions and his in-service exposure to Agent Orange.

The Board has determined that the Veteran does not have active malaria or any residual disabilities related to malaria, and therefore, a compensable evaluation for malaria is denied.

The Veteran's skin disability, other than skin cancer, is being remanded for further examination and opinion to determine if it is related to service, including Agent Orange exposure.

The Board found that the cause of death (spontaneous parenchymal hemorrhage) was not related to service or any service-connected conditions, including Coumadin therapy. The Veteran's death is therefore not considered due to a service-connected disability.

The Veteran seeks service connection for arthritis of the spine. The Board has decided to remand this issue due to additional development needed, including scheduling a VA examination and obtaining relevant medical records.

The Board found that the initial diagnosis of dermopathy associated with service-connected diabetes mellitus was clearly erroneous based on subsequent medical evidence, and thus granted the severance of service connection for dermopathy.

The Veteran's bilateral foot disorder is found to be related to his service, and the Board grants service connection for this condition.

The Veteran's unauthorized medical expenses incurred on February 12, 2008 at Cox Medical Centers are denied as the treatment was not in an emergent state and a VA facility was feasibly available.

The Veteran's appeal is remanded due to the need for additional VA examinations and consideration of evidence not previously considered.

The Veteran seeks service connection for amblyopia, which he claims was aggravated by his active duty. The RO denied the claim as no aggravation occurred during service. The case is being remanded to obtain a VA examination and opinion.

The appeal has been dismissed due to the death of the appellant.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the nature and etiology of her claimed left lower extremity and bilateral foot disorders, as well as the severity of her service-connected degenerative arthritis of the lumbar spine.

The Veteran's fatigue is rated at 20 percent, and her memory loss remains noncompensable.

The Board finds that the Veteran's assertions of exposure to cold in Korea during service are credible and consistent with the circumstances and conditions of his service. However, there is no documented evidence of any actual cold weather injury during service, and the only competent, probative opinions on the question of whether there exists a medical relationship between current disabilities and service weigh against the claims for service connection.

The Veteran's appeal is remanded for further development, including a VA examination to differentiate the nature and extent of his service-connected residuals of L-1 compression fracture from other conditions.