Other conditions decisions — 2014

The Veteran died of acute alcohol intoxication, and the Board finds that his death was not caused by service-connected conditions. The claim for cause of death is denied.

The Board finds that the overpayment of VA compensation benefits was properly created and denies the Veteran's claim.

The case is being remanded due to incomplete documentation and the need for a Supplemental Statement of the Case.

The Veteran's unauthorized medical expenses for treatment at Sparrow Hospital on December 14, 2010 are denied because the emergency services were not provided in a VA facility and there was no reasonable expectation that delay in seeking immediate medical attention would have been hazardous to life or health.

The Veteran's cause of death, Merkel cell carcinoma, was found to have been present for at least two years before its identification in August 2002. Service connection is granted as the cancer likely originated during service.

The Board has granted an effective date of May 25, 1966 for the grant of service connection for esophageal disability. The Veteran's claim was pending since May 25, 1966 and he met the criteria for a 60 percent rating from that date until December 11, 1990.

The Veteran's appeal for service connection for panic attacks as secondary to his already established service-connected PTSD and depression is dismissed. The claim of an undescended right testicle during service is denied.

The Board has determined that the appellant is currently in receipt of the maximum rate of death pension available for a child of a Veteran and thus, she is not entitled to additional benefits.

The Board has denied the Veteran's claims for service connection for residuals of right arm fractures and residuals of left arm fractures, finding no current disability related to his in-service injuries.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for his brain tumor and bilateral lower extremity peripheral neuropathy, as they are not related to active service or herbicide exposure.

The Board has determined that the Veteran's pre-existing neurological disability of the lower extremities was aggravated by service, and thus grants service connection for this condition.

The Veteran's claim for an increased evaluation for fracture of the right big toe with hallux valgus was denied. The Board found that the current rating of 10 percent adequately reflects the severity and symptoms of his condition, including pain and limited motion.

The Board has granted the Appellant's claim for recognition as the Veteran's surviving spouse for purposes of VA benefits, finding that she met all criteria including living with the Veteran continuously from the date of marriage to his death and holding themselves out as married.

The Board found no evidence linking the Veteran's current skin disorder to his period of active service, and denied his claim.

The Veteran's claim for service connection for tooth injuries is denied as there is no evidence of in-service dental trauma.

The Board has remanded the case due to inadequate medical opinion regarding the etiology of the Veteran's obstructive sleep apnea (OSA). The claim for service connection for a respiratory disability remains in appellate status.

The Veteran's service-connected back strain with history of minimal diffuse bulge at L2-3, L3-4, and L4-5 has been evaluated as 20 percent disabling. The Board found that the disability did not warrant a higher rating based on current symptoms.

The Board has determined that the Veteran's keloids on the scalp and chest did not have their clinical onset in service, nor are they otherwise related to active duty. The VA examiner found no clear documentation of PFB during service and concluded that the current keloids are unrelated to any condition treated for during service.

The Board denied the Veteran's petition to reopen his claim for service connection for a back injury (claimed as residuals of gunshot wound of the back) due to lack of new and material evidence. The submitted evidence was found to be duplicative or not related to an unestablished fact necessary to substantiate the claim.

The Veteran's decreased vision is not service-connected as refractive error, which cannot be granted due to its definition.,There is no evidence of a respiratory disorder during or after service. The atypical chest pain was found to be related to cardiac issues.