Other conditions decisions — 2014

The Veteran withdrew his appeal regarding the payment or reimbursement of unauthorized medical expenses incurred at the Beatrice Community Hospital and Health Center from May 2, 2009 to May 4, 2009.

The Board has granted service connection for the residuals of respiratory cancer, including the tonsil, as due to herbicide exposure.

The Board finds that the proximate cause of any additional right ankle disability during and following treatment at Bronx VA Medical Center (VAMC) by VA was not due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on part of VA.

The Veteran's salivary duct carcinoma is related to his presumed exposure to herbicides (Agent Orange) during service in the Republic of Vietnam, and thus service connection is granted.

The Board has determined that the Veteran's fatal cholangiocarcinoma is at least as likely as not related to his service in Vietnam, specifically his exposure to liver flukes. As a result, service connection for the cause of death is granted.

The Veteran's HIV disease is found to have onset during service, specifically due to unprotected sexual intercourse with her then-service-connected husband. The Board finds the opinion of a private physician more persuasive than that of the VA examiner and grants service connection for HIV disease.

The Veteran is seeking compensation under 38 U.S.C. § 1151 for residuals of a cerebrovascular accident induced by Premarin, prescribed by VA Medical Center staff in Oklahoma City, in 2002. The appeal is remanded due to the need for further development and an appropriate VA examination.

The Veteran's emergency room visit on December 27, 2008 was for a non-service-connected condition (a stroke) and the Board found that it met the criteria for reimbursement under the Millennium Health Care Act.

The Veteran's sinus node dysfunction has not manifested more than one episode of congestive heart failure in a year or a workload of greater than 3 METs but not greater than 5 METs resulting in dyspnea, fatigue, angina, dizziness, or syncope. Therefore, the claim for an increased rating is denied.

The Board has remanded the case due to potential issues with notice and reinstatement of DIC benefits from December 1, 2007 to March 1, 2010. The appellant's moving history needs to be verified and she should be provided an opportunity to respond to a VA Form 21-0537 Marital Status Questionnaire.

The Veteran's service-connected left ring finger disability is currently rated as noncompensable due to the lack of ankylosis or amputation, and his symptoms do not warrant a higher rating.

The Veteran withdrew their appeal before the Board could make a decision.

The Veteran's chronic left foot strain is rated at a 10 percent disability rating throughout the appeal period.

The Board has granted the Veteran's claim for service connection for residuals of a stroke as secondary to his service-connected PTSD.

The Board has reopened the Veteran's claim for service connection for a flexion deformity and arthritis of the right hand, finding that new evidence supports this claim. The Veteran's condition was present in service and continues to persist.

The Board has remanded the case for a personal hearing at the RO, as requested by the appellant. The appeal is not ready for further appellate review.

The Board has determined that the Veteran's psychosis, not otherwise specified, and schizoaffective disorder were incurred in or are related to his period of active service.

The Board found that the Veteran's cause of death was not caused by or related to his active duty service, including exposure to herbicides. Therefore, service connection for the cause of the Veteran's death is denied.

The Board has decided to remand the case for further development due to new evidence submitted by the appellant, including a Medical Expense Report and Improved Pension Eligibility Verification Report. The claim will be reconsidered.

The Board denied the Veteran's claim of service connection for memory loss, finding that there was no evidence to support a diagnosis or manifestation of this condition during active duty or within one year after discharge. The Board also found insufficient medical evidence linking any current memory issues to service.