Other conditions decisions — 2011

The Board found that the Veteran's pulmonary fibrosis, which led to his death, was not caused by or related to service exposure to ionizing radiation. The cause of death is attributed to other causes.

The Veteran's bladder cancer is being remanded for further development to determine if he was exposed to ionizing radiation during service and whether his condition is related to such exposure.

The Veteran's appeal is remanded due to the need for a VA medical examination and additional development of evidence. The issue remains whether he is entitled to service connection for visual impairment.

The Board denied the Veteran's claim for service connection for memory loss and confabulation, which he claimed was due to in-service pneumonia. The evidence did not establish a direct link between his current symptoms and his in-service illness.

The Board has decided to remand the Veteran's claim for further development due to incomplete records and need for medical opinions regarding his psychiatric conditions.

The Veteran's claim for service connection for hernia and adherence, including as secondary to the service-connected appendectomy scar, was denied. The Board found no evidence of a current disability related to service or service-connected conditions.

The Veteran's claim for a higher rating for polyarthralgia is being remanded due to the need for further development, including obtaining additional medical records and providing an opinion on the etiology of his osteoarthritic changes.

The Board has determined that there are due process matters and evidentiary deficiencies in the current decision regarding whether the Appellant's income exceeds the maximum annual pension rate limits for a surviving spouse, as set by law, for the receipt of nonservice-connected death pension benefits. The case is being remanded to calculate her countable income from 2001 to 2011 and determine if it exceeds the MAPR.

The Veteran's appeal for service connection for sterility was denied as there is no competent and credible evidence of a current disability.

The Veteran's claim for service connection for residuals of bulging discs (claimed as back and leg pain) is being remanded due to the need for additional development, including a new VA examination.

The Veteran's microscopic hematuria was first noted during service and has continued since discharge. However, there is no medical diagnosis of a disease or disability resulting from this finding.

The Board has reopened the Veteran's claim of service connection for a prostate disorder, but further development is needed to determine if there are current residuals from a transurethral resection and whether he has pyelonephritis. The case is REMANDED.

The Veteran's unauthorized medical expenses for emergency treatment at Florida Hospital Deland from March 25, 2007 to March 27, 2007 are granted as the condition was of such a nature that delay would have been hazardous to life or health and VA facilities were not feasibly available.

The Board has determined that new and material evidence has not been submitted to reopen the appellant's claims for DIC under 38 U.S.C.A. § 1318 and service connection for cause of death, as the evidence does not raise a reasonable possibility of substantiating those claims.

The Veteran's claim for an initial evaluation in excess of 10 percent for service-connected claustrophobia with panic attacks is being remanded due to the need for a more contemporaneous VA examination and additional medical records.

The Veteran's claim for reimbursement of unauthorized medical expenses for outpatient visits at Maine Cardiology Associates is denied as the criteria for emergency treatment were not met.

The Veteran's unauthorized medical expenses for emergency treatment on March 12, 2007 are granted as the condition was of such a nature that delay would have been hazardous to life or health and VA facilities were not feasibly available.

The Board dismissed the motion for revision of a decision based on clear and unmistakable error because it did not comply with the requirements set forth in 38 C.F.R. § 20.1404(a) and (b).

The Veteran's skin disability was not incurred in or aggravated by service, nor may it be presumed to have been incurred in service. The Board found the evidence against a finding that the Veteran's current skin disability had its onset in service or is otherwise causally related to service, including exposure to herbicide agents.

The appellant's father served in Vietnam and was exposed to herbicides. The VA examiner found no diagnosis of spina bifida, which is required for compensation under 38 U.S.C. § 1805. Therefore, the claim is denied.