Other conditions decisions — 2011

The Board has determined that a VA examination is necessary to decide if the Veteran's current right hip disability may be associated with the vehicle accident in service. The claim will be remanded for this purpose.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The Veteran's esophageal cancer was not incurred in or aggravated by active service and is not related to presumed exposure to Agent Orange. The claim for service connection is denied.

The appellant is not recognized as the Veteran's surviving spouse for purposes of establishing eligibility for DIC benefits, death pension, and accrued benefits due to her remarriage after the age of 57.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at a private facility on September 19, 2008 is denied as the care was not of such a nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous.

The Veteran's claim for service connection for affective psychosis was not pending at the time of his death, and therefore the appellant is not entitled to accrued benefits.

The Board has determined that the Veteran's unauthorized medical care at Alegent Health Mercy Hospital, Creighton University Medical Center, and Nebraska Medical Center was for an emergent condition and VA facilities were not feasibly available. Therefore, reimbursement is granted.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and developing his claim involving exposure to asbestos. The Veteran will be provided with a new VA examination to determine the nature, extent, and etiology of his claimed cold injury residuals, stomach condition, and respiratory condition.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is ineligible for a one-time payment from the FVEC fund.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred from March 28, 2009 to March 31, 2009 is denied as he did not meet the eligibility criteria under 38 U.S.C.A. § 1725.

The Board has determined that new and material evidence has not been received to reopen the claim of whether the character of service represents a bar to payment of VA disability compensation benefits, as the basis for denial was based on the character of service itself.

The Board denied the Veteran's claim for basic eligibility for receiving educational assistance benefits under the Post-9/11 GI Bill Program due to a lack of active duty service.

The appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund is denied as he does not have recognized active service for the purpose of obtaining this benefit.

The Veteran's unauthorized medical expenses incurred from June 20, 2009 to June 23, 2009 were denied as the VA found that he was stable enough for transfer to a VA facility after initial treatment on June 20, 2009.

The Veteran claims compensation under 38 U.S.C.A. § 1151 for additional disability of residuals of osteomyelitis with T9 paraspinal abscess as caused by VA gallbladder surgery or VA hospital care. The Board is remanding the case to obtain clarification from Dr. J. Moorman at the Mountain Home VAMC regarding whether it is at least as likely as not that the Veteran's vertebral osteomyelitis was caused by VA gall bladder surgery performed on July 5, 2006, and VA follow-up care.

The Veteran's unauthorized medical expenses incurred at Gateway Medical Center from October 24, 2008 to October 31, 2008 were denied because the treatment was in preference to VA facilities.

The Veteran's initial claim for service connection for a stomach disorder was denied in April 1973 due to the absence of medical evidence showing treatment during his military service. However, this decision involved clear and unmistakable error (CUE) as it overlooked multiple complaints and diagnoses related to stomach issues from his service records.

The Veteran's body aches are not shown to be related to active service, specifically the medication Zocor. The Board finds that there is no evidence of a chronic disability manifested by body aches due to service connection.

The Board found that the Veteran's death was caused by squamous cell cancer of the right piriform sinus, which is presumed to be due to Agent Orange exposure. The cancer in question is considered a new primary site and not related to the soft palate cancer from 1987.

The Court has reversed the Board's decision and recognized the appellant as the surviving spouse of the Veteran for VA purposes.