Other conditions decisions — 2013

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred on January 25, 2010, at the Wellmont Hawkins County Memorial Hospital Emergency Department is granted. The treatment was deemed necessary due to a service-connected disability and an emergency situation.

The Board found that the Veteran's electronically submitted VA Form 22-1990 did not contain an acknowledgement of irrevocability, and thus concluded that no valid election was made. The appeal is granted as a result.

The Veteran seeks payment or reimbursement for unauthorized medical expenses incurred on December 9, 2010. The case is being remanded to the RO due to incomplete records and need for further review under VA regulations.

The Board found that the Veteran did not file a timely substantive appeal regarding his entitlement to Post-9/11 GI Bill educational assistance at the 100 percent level, and thus denied this claim.

The Board has determined that the Veteran's unauthorized medical expenses incurred from November 12, 2010 to November 22, 2010 meet the conditions for payment under VA regulations. The condition of chest pain and heartburn was severe enough to require immediate emergency care in a non-VA hospital.

The Board finds that the appellant's substantive appeal was not timely filed regarding his claim for one-time payment from the Filipino Veterans Equity Compensation Fund, and thus denied the appeal.

The Board has remanded the case for further development to verify the Veteran's alleged exposure to mustard gas or Lewisite during service and to obtain any outstanding VA or non-VA treatment records.

The Board found that the Veteran's gastrointestinal disability was not incurred in or aggravated by service and is not proximately due to a service-connected disability. The claim for compensation under 38 U.S.C.A. § 1151 was also denied.

The Veteran's claim for reimbursement of medical expenses incurred at Hendersonville Medical Center on August 26, 2010 was denied as he did not meet the criteria under VA regulations and laws.

The Veteran's claim for an annual clothing allowance is being remanded due to the need for a certification from the Under Secretary for Health or designee regarding whether the use of Pramosone, prescribed for his service-connected dermatographism, causes irreparable damage to his outer garments.

The appellant requested to withdraw his appeal regarding the denial of basic eligibility for a standard government headstone or marker at government expense. The Board has dismissed this appeal.

The Veteran's appeal is being remanded due to the need for a personal hearing before a Veterans Law Judge seated at the RO.

The Board has granted service connection for Grave's disease, finding that the Veteran's current diagnosis is related to his in-service herbicide exposure. The claim for decreased visual acuity remains pending and will be remanded for further development.

The Veteran's service-connected conditions do not meet the criteria for a higher rating, and his TDIU claim is denied.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during a hospitalization at Parkridge Health System from May 20, 2010 to May 22, 2010 is denied because he has Medicare Part A insurance and thus does not meet the eligibility criteria under VA regulations.

The Veteran's right foot disability has been characterized by pain and weakness, but no objective evidence of ankylosis or severe impairment. The current rating of 20% adequately reflects the severity of his condition.

The Veteran's claim for an effective date prior to August 7, 2006, for a 100% disability evaluation for loss of use of both feet is denied. The earliest factually ascertainable date for the award of this benefit is August 7, 2006.

The Veteran's liver disorder is being remanded for clarification of the diagnosis and its relationship to service-connected pulmonary sarcoidosis.

The Board denied the appellant's claim for basic eligibility for VA disability benefits due to a lack of qualifying service as a Philippine military veteran in the United States Armed Forces.

The Board has determined that the Veteran's current left eye disabilities, including a cataract and macular degeneration, are not related to his service or refractive error at the time of discharge. As such, the claim for service connection is denied.