Other conditions decisions — 2014

The Board denied the Veteran's claim for payment or reimbursement of private medical care provided on February 1, 2010, as it did not meet the criteria for emergency treatment under VA regulations.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions regarding the relationship between his claimed conditions and exposure to contaminated water at Camp Lejeune.

The Board has denied the Veteran's claims for service connection for a bilateral leg disorder, residuals of a laceration to the eye (left eye), and right knee disorder. The claim for low back disorder is remanded.

The Board has remanded the case due to a lack of documentation regarding whether the Veteran withdrew from the LRP and received any benefit. The AOJ is instructed to obtain all relevant personnel records, including enlistment contracts and LPR obligation, and seek clarification on the Veteran's service status for purposes of Post-9/11 GI Bill benefits.

The Board has determined that a 40 percent rating is warranted for the Veteran's right lower extremity DVT from August 31, 2006 to May 6, 2009, based on persistent edema and stasis pigmentation.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a VA examination to determine the nature and etiology of his claimed bilateral eye disorder.

The Veteran's claims for service connection were denied as new and material evidence was not provided to support the previously denied claims. The Board found that there is no current disability related to service or any other service-connected condition.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the current severity of his service-connected bilateral shin splints.

The Board has remanded the case for scheduling a DRO hearing and readjudicating the issue on appeal.

The Veteran's daughter submitted a claim for accrued benefits, but it was not filed within one year of the Veteran's death. Therefore, she is denied entitlement to accrued benefits.

The Veteran's appeal was dismissed due to his death, and no service connection claim is pending.

The Veteran's claim for a TDIU was granted with an effective date of May 11, 2008. The Board found that the Veteran became entitled to this benefit on May 11, 2008, which is within one year of his retirement due to service-connected disabilities.

The Veteran and the appellant were divorced at the time of the Veteran's death, thus the appellant does not qualify as his surviving spouse for VA benefits.

The Veteran's unauthorized medical expenses incurred from March 4, 2011 to March 26, 2011 at Baptist Medical Center were not authorized in advance by VA. The Board found that the Veteran could have been safely transferred to a VA facility for continuation of treatment and there is no evidence suggesting otherwise.

The Veteran is currently in receipt of SMC at the (m) rate based on his service-connected bilateral eye disability. He does not meet the criteria for additional SMC based on aid and attendance.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge (VLJ). The case will be returned to the Board after the hearing.

The Board finds that the Veteran's death was caused by arteriosclerotic cardiovascular disease, which is presumed to be due to his service in Vietnam and exposure to Agent Orange. Therefore, the claim for service connection for the cause of the Veteran's death is granted.

The Board denied the veteran's request for a government-furnished medallion to be affixed to her headstone because she did not have active military service that qualifies under VA regulations.

The VA denied the appellant's claim for an initial compensable rating for ventricular tachycardia, status-post cardiac ablation due to her workload of 13.4 METs with no significant symptoms.

The Veteran's right wrist disability, characterized by a TFCC tear and cyst, has been rated at 10 percent since October 1, 2009. The current rating is in line with the functional limitations described.