Other conditions decisions — 2014

The Veteran's appeal has been withdrawn, and the claims have been dismissed.

The Veteran's unauthorized private medical expenses incurred on May 12, 2011, at Baptist Medical Center were denied as the treatment was not for a service-connected condition and VA facilities were feasibly available.

The Veteran has no legal entitlement to additional VA education benefits under Chapter 33 (Post-9/11 GI Bill) beyond what he has already received.

The Veteran's claim for a compensable initial rating for pleural plaques (claimed as asbestosis) is being remanded due to the inability to perform pulmonary function tests (PFTs) and obtain an accurate assessment of his respiratory condition.

The Board denied the appellant's claim as his service in the Merchant Marine did not qualify for VA pension purposes due to lack of oceangoing service during the specified period.

The Board has decided to remand the case due to the need for a VA opinion regarding whether the Veteran's alcohol abuse is secondary to his service-connected left eye disability, and to obtain all relevant medical records.

The Board found that the Veteran's current heart murmur and hole in his heart are not related to service, as they pre-existed service. The Veteran did not sustain a hole in his heart during service.

The Veteran's application for Veterans Retraining Assistance Program benefits was denied as his Mechanical Engineering program of study at Texas A&M University does not meet the eligibility requirements for VRAP.

The Board has remanded the case for further development, including obtaining additional medical records and providing clarifying opinions from a VA examiner.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a deviated septum. The preexisting condition was aggravated by active military service, thus meeting the criteria for service connection.

The Veteran's appeal is being remanded due to the need for further examination and evaluation of his right thigh muscle atrophy and meralgia paresthetica.

The Veteran's post-operative residuals of a right inguinal hernia do not meet the criteria for a compensable rating under applicable VA disability evaluation criteria. The Board finds that his symptoms, including pain and weakness in the abdominal area, do not warrant an increased rating.

The Veteran's appeal is being remanded to obtain additional examinations and opinions regarding his service-connected disabilities, as well as the secondary service connection claims for sleep apnea and blindness. The case will be further reviewed after these actions are completed.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the Veteran for VA death benefits purposes, based on clear and convincing evidence of a common law marriage.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining an opinion on whether the Veteran's squamous cell carcinoma of the pharynx is related to his service in Vietnam, specifically his presumed exposure to Agent Orange.

The Board has determined that the Veteran's chronic upper respiratory infections are at least as likely as not caused by her service-connected allergic rhinitis and Eustachian tube dysfunction with otitis media, resolving any doubt in favor of the Veteran.

The Board found no evidence of a current left eye vision loss disability and concluded that there is no causal relationship between the Veteran's military service and his claimed left eye vision loss.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses at TMH on August 9, 2010 is granted as the Board finds that he acted reasonably in seeking emergency treatment.

The Veteran's appeal has been withdrawn by his representative, and the case is dismissed as a result.

The Board finds that the appellant's claim for an earlier effective date for service connection for the cause of the Veteran's death is denied as there was no evidence indicating that the Veteran's service-connected pulmonary tuberculosis substantially or materially contributed to his death until September 1982, which predates her December 2, 2003 application to reopen her previously denied claim.