Other conditions decisions — 2014

The Board denied the appellant's claim for reimbursement of unauthorized medical expenses incurred at Baptist Medical Center Nassau on March 23, 2011 due to lack of prior authorization and because VA facilities were feasibly available. The treatment was not for a service-connected disability or an aggravating nonservice-connected condition.

The Board has granted service connection for the Veteran's low back disability, finding that there is at least an approximate balance of positive and negative evidence as to whether the condition was caused or aggravated by his active duty service.

The Veteran's claims for service connection for brain tumor and lung tumor are being remanded due to the need for additional development, including VA examinations.

The Board has determined that the Appellant is not the Veteran's surviving spouse, and therefore does not qualify for DIC benefits based on service connection for the cause of the Veteran's death.

The Board denied a request for an earlier effective date of April 4, 2011, for the grant of special monthly pension based on need for aid and attendance. The claim was granted effective April 4, 2011.

The Veteran's myelodysplasia was not incurred in or aggravated by his military service, and may not be presumed to have been incurred due to herbicide exposure and ionizing radiation exposure.

The Veteran's lung cancer has been granted service connection and a 100% disability rating. However, the VA determined that there is no legal basis for finding permanency of this rating due to potential improvement in his condition.

The Board has determined that the Veteran's discharge was not due to a disability incurred or aggravated in the line of duty, and thus he is not eligible for burial in a VA national cemetery. The case is being remanded for further consideration.

The Board denied an initial, compensable evaluation for left testicular atrophy on an extraschedular basis as the evidence did not show significant functional restrictions or related factors such as marked interference with employment or frequent periods of hospitalization.

The Board found that the Veteran's overpayment of VA educational assistance benefits in the amount of $31,340.10 was properly created due to a fraud scheme perpetuated by sixty Veterans enrolled at RMTU.

The Veteran does not have a diagnosed condition that is manifested by nausea, dehydration or night sweats.,The VA examiner found no evidence of an undiagnosed illness or medically unexplained chronic multi-symptom illness for the claimed conditions.

The Board previously denied a separate rating for neurological manifestations of the Veteran's service-connected mild neuroforaminal narrowing with disc bulge at L2-5. The case is being remanded to consider whether there are associated neurological deficits and if so, whether they are related to the service-connected condition.

The Board found no evidence of a skin disability or hypertension being related to service, including exposure to herbicides. Service connection was denied for both conditions.

The Board granted an initial 30 percent rating for calcifying pleural plaque formation claimed as asbestosis, effective from February 9, 2009. The Veteran's calcifying pleural plaque formation resulted in a post-bronchodilator forced vital capacity (FVC) of no less than 66 of the predicted value and did not result in any other disabling conditions specified by VA criteria.

The Veteran seeks service connection for a chronic sinus disorder, which he claims is related to in-service chemical exposure. The Board has ordered additional development including verification of active duty and periods of INACDUTRA, as well as a VA examination to determine the etiology of his sinusitis.

The Board has ordered the VA to obtain and associate with the claims file all documents related to the Veteran's initial claim for, and grant of, educational assistance benefits. Additionally, they are to obtain and associated with the claims file all documents related to the appeal of the determination of an overpayment, including the initial decision, the Veteran's notice of disagreement, the Statement of the Case, and the substantive appeal.

The Board found that the appellant and the Veteran did not form a valid common-law marriage for VA purposes, as required by Texas law. The Veteran had moved out of their home in Texas after filing for divorce, and there was no evidence of an agreement to be married or cohabitation as husband and wife.

The Veteran's heart disorder, diagnosed as aortic stenosis, was not found to be related to his service-connected diabetes mellitus or hypertension. The Board determined that there is no medical evidence linking the condition to these conditions.

The Veteran's claims for service connection were granted, with the primary issue being that his psychiatric and sleep apnea conditions are secondary to his service-connected diabetes mellitus. The eye disorder claim was also granted as secondary to diabetes mellitus.

The Board found that the Veteran does not have a current gastrointestinal or musculoskeletal disability that is directly related to her military service. The evidence did not support a finding of secondary service connection due to a pre-existing condition.