Other conditions decisions — 2014

The Veteran's claim for payment or reimbursement of medical services provided by Neosho Memorial Regional Medical Center on May 21, 2012 is granted as the criteria under the Veterans Millennium Health Care and Benefits Act are met.

The Board found no new and material evidence to reopen the claim for service connection for the cause of the Veteran's death, as the appellant did not provide sufficient evidence to establish that her husband had a service-connected condition that contributed to his death.

The Veteran's claim for payment of medical care expenses at Providence Medford Medical Center and PMG South Medford Family Practice Clinic on August 16, 2011 is being remanded due to the need for additional development.

The Board has determined that the Veteran does not have a current disability for any of the claimed conditions and therefore, service connection is denied.

The Board found that the Veteran's metastatic cancer of the neck and head with an unknown primary site was not related to his service, including as due to exposure to herbicide agents. The claim for service connection was denied.

The Veteran is seeking reimbursement for medical expenses incurred at Riverside Methodist Hospital. The case has been remanded to obtain additional records, including those from August and September of 2012, which were not previously associated with the claims file.

The Board found that neither the Veteran's fatal metastatic cancer nor his pneumonia was related to his active service or any incident therein, including an apparent episode of in-service malaria with a claimed recurrence in 1978.

The Veteran's throat cancer is not related to his active duty service or asbestos exposure, and the preponderance of evidence does not support a finding that it was incurred in service.

The Veteran seeks an earlier effective date for educational benefits related to a correctional officer training program. The Board denied the claim as VA has already awarded benefits from February 6, 2008 and cannot grant an earlier effective date.

The Board has remanded the case for additional development, including obtaining updated treatment records and scheduling a VA examination to determine the nature and likely etiology of the Veteran's prostate and urinary tract disorders. The examiner should also address whether any identified disorder is related to service-connected residuals of a pilonidal cystectomy.

The Veteran's service-connected anemia does not preclude substantially gainful employment, and the criteria for a TDIU based on this condition have not been met.

The Board found no evidence that the Veteran's pituitary tumor was present in service or within one year of separation, and denied service connection for removal of a pituitary tumor. The claims for loss of sense of smell and memory loss as secondary to the removed pituitary tumor were also denied.

The Board has determined that there is no current diagnosis of a chronic respiratory disorder and thus the Veteran's claim for service connection for a respiratory disorder is denied.

The Veteran's right dorsal hand laceration residuals, including long finger extensor tendon laceration residuals, are granted as compensation under the provisions of 38 U.S.C.A. § 1151.

The Veteran's claim for a higher rating for his service-connected brain contusion residuals was denied. The Board found that the evidence did not support a rating in excess of 10 percent, and there were no new or material issues to reopen.

The Board denied the Veteran's claim of basic eligibility to receive nonservice-connected pension because he did not have qualifying service during a recognized period of war.

The Board has determined that an earlier effective date for the establishment of service connection for ALS is denied as the claim was received after the September 23, 2008 liberalizing regulation establishing presumptive service connection.

The Board denied service connection for inflammatory bowel disease as it is not shown to be related to the Veteran's service-connected herniated surgical scarring with recurrent surgical intervention for adhesions of small bowel and umbilicus.

The Board has dismissed the appeal due to the death of the appellant, as the claim does not survive their deaths.

The Veteran's polymyositis was diagnosed during a period of inactive duty training (IDT) and is not considered an injury under VA law. Therefore, service connection for polymyositis is denied.