Other conditions decisions — 2013

The Board has determined that the Veteran's dental facial deformity is a congenital defect and not subject to service connection. The examiner found no evidence of injury or aggravation during service, and concluded that any current jaw pain and popping are due to his pre-existing condition.

The Veteran's claim for payment or reimbursement of medical care provided by Providence Sacred Heart Medical Center from February 9, 2012 to February 10, 2012 is being remanded due to the need for additional development regarding prior authorization and emergency treatment.

The Board found that the Veteran's bilateral hip disorder is not related to his military service and more likely due to body habitus, smoking, and heavy alcohol use over the years. As such, it denied the claim of entitlement to service connection.

The Board has decided to remand the Veteran's claim for additional development, including obtaining service treatment records and a new VA examination.

The Board has granted the Veteran's claim for service connection for right hip disability on the basis of aggravation by his service-connected left femur fracture disability.

The Board found that a common law marriage was established between the Veteran and H.B. in Washington, D.C., which allowed for recognition of H.B. as the surviving spouse for VA benefits purposes.

The Board finds that the Veteran's memory loss and speech impairment are not due to VA care, resulting in a denial of compensation under 38 U.S.C.A. § 1151.

The Veteran died of acute myelomonocytic leukemia, which the VA examiner determined was not service-connected due to insufficient evidence of exposure to benzene during his military service.

The Veteran's right hand disability is rated at a noncompensable level, but the Board has determined that a 10% evaluation is warranted based on painful motion.

The Board found that the Veteran does not have a current disability related to a foreign body in his left eye. The preponderance of evidence is against service connection for residuals of left eye injury.

The Board has ordered additional medical opinions and requested the Veteran's terminal medical records to determine if his glioblastoma is related to herbicide exposure in Vietnam, as well as whether auditory canal disease was a contributing factor to his death. The case will be remanded for these actions.

The Veteran's adjustment disorder with depressed mood is found to have had its onset during active service and the Board grants service connection for this condition.

The Veteran's claim for service connection for an acquired psychiatric disorder, currently diagnosed as schizoaffective disorder, is granted. The Board finds that the evidence supports a finding of direct service connection due to pre-existing condition aggravated during active duty.

The Veteran's squamous cell carcinoma of the left tonsil is being remanded for additional development due to uncertainty in the rationale provided by the VA examiner regarding presumptive service connection based on exposure to Agent Orange.

The Board has remanded the case for additional development to obtain service records and other pertinent documents, as well as any autopsy or hospitalization records. The Veteran's death is being considered for VA benefits based on whether it was incurred in the line of duty.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess the severity of his service-connected respiratory disability.

The Veteran's current benign prostatic hypertrophy did not have its onset during active service, and was not the result of an event, injury, or disease incurred in active service, to include inservice herbicide exposure. Therefore, service connection for BPH is denied.

The Veteran's claim for payment of unauthorized medical expenses incurred at a non-VA facility on March 30, 2010 is granted due to the emergency nature of his chest pain and palpitations.

The Veteran's claim for an earlier effective date for service connection for Idiopathic Hypertrophic Subaortic Stenosis (IHSS) is denied as the earliest communication that can be construed as a claim was received on October 26, 2006.

The Veteran's permanent and total disability rating became effective after the appellant reached age 26, thus she is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35.