Other conditions decisions — 2011

The Board has decided to remand the case for additional development and readjudication, including consideration of new financial information provided by the appellant and any supporting documentation of medical expenses incurred on behalf of her children.

The Veteran's death was caused by colon cancer, which is not service-connected. However, his non-Hodgkin's lymphoma, a condition he served in Vietnam and for which there is presumptive service connection, contributed to his death.

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

The Board found that the Veteran was a fugitive felon from May 29, 2007 to September 29, 2008 and that his compensation benefits were retroactively terminated due to this status. The Board determined that the creation of a debt in the amount of $43,949.77 was proper based on these facts.

The Board denied the Veteran's claim for service connection for porphyria cutanea tarda, finding that new and material evidence had not been submitted to reopen the previously denied claim.

The Veteran's Crohn's disease is manifested by numerous attacks per year and only fair health during periods of remission, warranting a 60 percent disability rating.

The Veteran's claim for service connection for breast cancer, to include as secondary to herbicide exposure, was denied because there is no competent evidence linking the condition to her military service.

The appellant withdrew his appeal regarding the claim of service connection for a bilateral leg disability before the Board could make a decision.

The Veteran's death was not service-connected, and he did not meet the criteria for burial benefits as his body was not held by a state or political subdivision of a state due to lack of next of kin. The claim is denied.

The Veteran currently suffers from gout, and there is a reasonable basis to attribute such disability to his active military service.

The Board found that the Appellant's character of discharge was under conditions other than honorable due to multiple instances of unauthorized absence without leave (AWOL) and desertion, which constituted willful and persistent misconduct. As a result, his discharge is considered dishonorable, thus barring him from VA benefits.

The Veteran's posterior tibialis tendon tear of his left ankle is manifested by no more than moderate limitation of ankle motion, and the criteria for an initial disability evaluation in excess of 10 percent are not met.

The Veteran's unauthorized medical expenses incurred at Cape Coral Hospital on August 20, 2008 are approved as the closest VA facility was not feasibly available and no emergency treatment was needed.

The Veteran's appeal for TDIU was dismissed due to his death, as the Board has no jurisdiction to adjudicate the merits of this claim at this time.

The Veteran's unauthorized medical expenses incurred at Health Central Hospital, Ocoee, Florida from October 13 to October 15, 2002 are now covered by VA. The decision is based on the need for emergency care and the lack of feasible transfer to a VA facility.

The Veteran's chronic bowel disease is currently rated at 100 percent since October 21, 2009. The condition has resulted in complete loss of sphincter control.

The Board has determined that a VA examination is needed to determine the etiology of any cervical spine disorders found on examination, and whether they are at least as likely as not related to the Veteran's active military service. The case will be remanded for this purpose.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the current severity and manifestations of his service-connected back disability. The issue of entitlement to TDIU will also be addressed.

The Veteran's service is not considered qualifying for the one-time payment from the FVEC as he did not have prior service with the Philippine Commonwealth Army, including recognized guerrillas. The appeal is denied.

The Board found that the Veteran's tonsillar, throat, and oropharyngeal cancer did not manifest during service and was not due to exposure to herbicidal agents such as Agent Orange. Therefore, the claim for service connection is denied.