Other conditions decisions — 2014

The Board has determined that the Veteran's right hand and arm condition met the criteria for emergency treatment, and that reasonable attempts were made to transfer him to a VA facility. As such, payment of or reimbursement for private medical expenses incurred from December 18 to 21, 2011 is granted.

The Veteran's claim for an increased rating in excess of 60 percent for his right hip deformity is being remanded due to the need for additional development, including obtaining updated medical records and scheduling a VA examination.

The Veteran's appeal for nonservice-connected pension benefits, to include special monthly pension (SMP), has been dismissed due to the death of the Veteran.

The Board has restored a 20 percent rating for the Veteran's duodenal ulcer with chronic stomach pain, upset stomach, and knot in stomach from the effective date of the reduction.

The appellant does not meet the criteria for eligibility for medical care at a VA facility as he did not serve on active duty and has no service-connected disability.

The Board found that the DIC benefits were properly created due to the appellant's remarriage and held her out as the spouse of Mr. H.B. and Mr. A.L., resulting in a debt of $173,846.00. The request for waiver was denied as untimely filed.

The Veteran's cause of death, due to complications from thermal injuries sustained in 2007, is not considered service-connected. The claim for non-service connected burial benefits was denied.

The Veteran withdrew his appeal for a total disability rating based on individual unemployability (TDIU) before the Board could make a decision.

The Board has determined that the Veteran's cold injury residuals of his hands, legs, and feet are related to his active duty service.

The Veteran's low back disorder is currently evaluated at 20 percent disabling, and the Board finds that a higher rating of 30 percent is warranted based on his thoracolumbar range of motion. The claim for service connection for headaches and left arm disorders are REMANDED.

The Veteran's current loin pain hematuria syndrome had its onset in service and the Board finds that the criteria for service connection have been met.

The Veteran's appeal for a reduction in the rating of his service-connected right spondylosis, L5 with incomplete fusion, and early DJD at L4-L5 from 20 percent to 10 percent was withdrawn by the Veteran.

The Board has determined that the Veteran's bilateral leg condition, including venous stasis ulceration, did not have its onset during active service or until many years thereafter and is not etiologically related to active service. As such, the claim for service connection was denied.

The Board has denied the appellant's claim for recognition as the surviving spouse of the Veteran due to her filing for divorce before his death, which breaks the 'continuous cohabitation' requirement.

The Veteran's colon cancer, which was caused by his exposure to Agent Orange during service, is the principal cause of his death. The Board grants DIC benefits for the cause of the Veteran's death based on this evidence.

The Board has determined that the Veteran's heart disability, which is a congenital defect, was not subject to superimposed disease or injury during service and does not warrant service connection. The Board also found no evidence of a current lung disability.

The Board has determined that the decedent's frontotemporal dementia is as likely as not related to a head injury he sustained in service, and thus grants service connection for this condition.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of entitlement to service connection for a head injury and dizziness. The case is now REMANDED for further development, including scheduling a VA examination.

The Veteran's appeal is being remanded to determine the feasibility of VA facilities providing outpatient IV antibiotic treatment during weekends and whether the treatment provided by Columbia Memorial Hospital on January 6, 7, and 8 was for an ongoing medical emergency.

The Board has determined that the Veteran's DJD of the right first MTP joint is related to an injury in service and grants service connection for this condition.