Other conditions decisions — 2014

The Board has determined that a remand is necessary to obtain updated medical records, conduct VA examinations for skin and dental issues, and review the claims based on the new evidence.

The Board denied reopening the claim for residuals of an appendectomy, including scar, as new and material evidence did not show that the current abdominal pain was permanently aggravated by service.

The Veteran did not have any active military, naval, or air service during a period of war. Therefore, the criteria for entitlement to nonservice-connected pension benefits are not met.

The Veteran's lung disability is not related to his service, including any in-service asbestos exposure. The Board finds that the preponderance of evidence does not support a finding that the current lung disability was incurred or aggravated by service.

The Veteran's residuals of a left tibia and fibula fracture are currently rated at 30 percent prior to July 14, 2011. A rating in excess of 30 percent is not warranted under the applicable diagnostic codes.

The Board has remanded the case due to the need for a VA examination and additional development of records, including private treatment records.

The Board has remanded the case due to the need for a VA examination, clarification of the appellant's service dates and nature, and additional development related to her claim for service connection for cavernous hemangioma with brain hemorrhage.

The Veteran's death was caused by Chronic Myelogenous Leukemia (CML), which is presumed to be related to his exposure to Agent Orange during service. The Board found that CML contributed to the Veteran's death and granted service connection for the cause of death.

The Board has remanded the case for further development, including obtaining missing VA treatment records from 1989 to present. The Veteran's claim will be reconsidered based on this additional evidence.

The Board has remanded the case due to a need for additional development, including obtaining a national felony data report from the FBI and confirming the Veteran's incarceration status.

The Veteran's appeal is being remanded due to the need for clarification and certification of her service dates by the service department, and a request to DoD to determine whether her service constituted active duty service under Title 32 authority. The case will be readjudicated in light of all evidence.

The Veteran's unauthorized medical expenses incurred at Memorial North Park Hospital on December 3, 2007, are denied as the treatment was not rendered in a medical emergency of such nature that delay would have been hazardous to life or health. Additionally, VA facilities were feasibly available and an attempt to use them beforehand or obtain prior VA authorization for the services required would have been reasonable.

The Board denied the Veteran's claims for a higher disability rating for Crohn's disease and TDIU, finding that his symptoms did not warrant an increased rating under VA's schedular criteria.

The Veteran's right true vocal cord paralysis with dysphonia is not service-connected under 38 U.S.C.A. § 1151 due to the risks of permanent injury being reasonably foreseeable and properly disclosed.

The Board found no evidence of cold injuries or their residuals during service and denied the Veteran's claims for service connection.

The case is being remanded to determine the status of the appellant's Reserve unit and whether she rejoined within one year of her discharge. The AOJ will then readjudicate the claim in light of all evidence.

The Board has remanded the case due to a need for further development and to afford the appellant an opportunity to participate in a hearing.

The Veteran's varicose veins of both legs were rated at 40 percent effective March 12, 2011. The Board denied an increased rating prior to that date.

The Veteran's traumatic amputation of the right foot results in pain and instability, but does not meet the criteria for a disability rating higher than 40 percent.

The Board has remanded the case due to the need for additional development regarding the appellant's eligibility for non-service-connected death pension benefits from 2007 onwards.