Other conditions decisions — 2011

The Board denied the appellant's claim for payment or reimbursement of unauthorized medical expenses incurred on June 23, 2009 due to the untimely filing of the claim and lack of evidence supporting VA's obligation to cover the expenses.

The Board has found in favor of the Veteran, granting service connection for a bilateral eye disorder (assessed as intraocular pressure) and finding that it is related to service. The issue of service connection for mitral valve prolapse remains pending.

The Veteran's condition was stable for transfer to a VA facility on June 26, 2007. Therefore, reimbursement of unauthorized medical expenses incurred at Arcadia Methodist Hospital after that date is denied.

The Board has remanded the case for further development, including rescheduling a VA examination and addressing whether there is factual evidence that renders it undebatable from a medical standpoint that any current foot disorder pre-existed service or was aggravated during service.

The Veteran's unauthorized medical expenses incurred at Baxter Regional Medical Center on August 18, 2009 are granted as the condition was an emergent one and no VA facility was feasibly available.

The Veteran's appeal has been dismissed due to his death. The claim for additional Vocational Rehabilitation and Employment services under Chapter 31, Title 38, United States Code is moot.

The Veteran's claim for service connection for a respiratory disability is being remanded due to the need for an etiology opinion based on the available evidence.

The Veteran's unauthorized medical expenses incurred at Southcrest Hospital from October 11, 2005 to October 19, 2005 were deemed necessary due to a continuing medical emergency. The VA facilities were not feasibly available for continued treatment until the date of transfer on October 19, 2005.

The appellant is entitled to reinstatement of her DIC benefits due to a legal error in the RO's decision, as her claim for reinstatement was received after December 16, 2004. The one-year limitation does not apply to claims for reinstatement of DIC benefits.

The Board has granted service connection for gout to include arthritis of the hands, feet, knees, and elbows, finding that all reasonable doubt should be resolved in favor of the appellant.

The Board has determined that the Veteran's respiratory disability is not related to his military service, including presumed exposure to herbicides. As such, the claim for service connection is denied.

The Veteran's service-connected left lung disorder has been adequately compensated by the rating schedule, and that disability does not present an exceptional or unusual disability picture with marked interference with employment. The preponderance of evidence weighs against a finding of significant impairment resulting from his service-connected left lung disorder.

The Board has determined that the Veteran's right foot metatarsalgia is related to service and granted service connection for this condition.

The Board has remanded the case due to a need for additional development and is not yet in a position to make a final decision on service connection.

The Board finds that the Veteran's cause of death, sepsis due to aspiration pneumonitis, was not caused or aggravated by his service-connected disabilities or any incident in service. The most probative evidence does not support a finding that the Veteran's brain tumor, which contributed to his death, was related to his cold exposure during service.

The Veteran's claim for service connection for a progressive neurodegenerative disease due to head trauma during service is being remanded for further development, including obtaining medical records and scheduling the Veteran for a VA examination.

The Veteran's claim for service connection for congestive heart failure was reopened and granted. The remaining issues were denied.

The Board denied the Veteran's claim for service connection of a right hip disorder, finding that there was no credible evidence linking his current condition to his military service.

The Veteran's claim for an increased rating for his service-connected residuals of circumcision is being remanded for further evaluation and clarification.

The Board has remanded the case due to unclear periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). The appellant's service records need to be verified, including any ROTC program participation. If additional evidence is needed, it should be obtained from the Naval Medical Center in Bethesda, Maryland.