Other conditions decisions — 2014

The Veteran's claim for service connection for night blindness of the right eye is being remanded due to the need for additional development, including obtaining SSA records and scheduling a VA examination.

The Board has decided that the appellant's claim cannot be recognized as a Veteran due to insufficient service records. The case is being remanded for further investigation and possible additional searching of the National Personnel Records Center (NPRC).

The Board has granted the appellant's request for payment or reimbursement of medical expenses incurred from October 7, 2009, to October 10, 2009, at Fairview Hospital. The Veteran was an active VA health-care participant and personally liable for the non-VA medical services.

The Board determined that the decedent did not have qualifying service and therefore was not a Veteran. As a result, the appellant is not eligible for VA DIC, death pension, or accrued benefits based on her deceased spouse's service.

The Board has decided to remand the case for further development, including obtaining medical opinions regarding the Veteran's skin growths and their relationship to his in-service herbicide exposure.

The Veteran's initial four years of active duty as a commissioned officer were excluded from the service countable for Post-9/11 GI Bill benefit purposes, leaving him with only 4 months and 23 days of qualifying active duty. As such, he is entitled to benefits at the 40 percent rate.

The Board has determined that the Veteran's cause of death, Myelodysplastic syndrome (MDS), is related to herbicide exposure during his service in Vietnam. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The case is being remanded for further development to determine the timeliness of the Veteran's application for reimbursement from VA for medical services provided by Jupiter Medical Center.

The Board denied the appellant's claim for a Government-furnished headstone or marker because the Veteran died before November 1, 1990, and his remains were not buried in a private cemetery. The provisions of 38 C.F.R. § 38.631 do not apply to this case as the Veteran is already memorialized with a grave in a private cemetery.

The Veteran's appeal for service connection for bilateral shin splints has been withdrawn.

The Board has remanded the case for further action under the liberalized provisions of the Veterans' Mental Health and Other Care Improvements Act of 2008, but did not apply these laws in the SSOC issued to the appellant. The case is now being returned to the VAMC for issuance of an SSOC that includes a copy of the relevant law.

The Board denied the claim for payment or reimbursement of unauthorized oncology medical treatment provided from January 2011 to April 2011 by Harrison Medical Center in Bremerton, Washington as it was not authorized by VA and was not emergent.

The Board has determined that the Veteran's skin rash, diagnosed as vitiligo, was likely aggravated by his active service. The Board finds in favor of the Veteran and grants service connection for this condition.

The Veteran's right knee disability, characterized by bipartite patella and DJD, is currently rated at 10 percent. The VA examinations have consistently shown full extension of the knee with no significant impairment in range of motion.

The Board found that the Veteran's right foot disorder did not have its clinical onset in service and is not otherwise related to active duty. The arthritis in the right foot was not exhibited within the first post-service year.

The appellant's husband had an other than honorable discharge and therefore does not meet the criteria for burial in a VA national cemetery.

The Veteran's left eye pinguecula/pterygium has not been associated with any visual impairment, disfigurement, active conjunctivitis, or other symptoms. Therefore, his claim for a compensable rating is denied.

The Veteran's service-connected bilateral CTS does not meet the schedular criteria for a TDIU rating, and there is no evidence of unemployability due to her service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and a VA examination.

The Veteran's residuals of a left foot injury are currently rated as 10 percent disabling, effective prior to October 8, 2013. The Board has determined that the criteria for an initial compensable rating have been met.