Other conditions decisions — 2015

The Board has determined that the Veteran does not have a current diagnosis of neurofibromatosis or jaw cancer, and therefore cannot establish service connection for these conditions.

The Board found that the Veteran did not incur an additional disability resulting from VA's failure to properly diagnose and treat his right-sided hemidystonia, thus denying compensation under 38 U.S.C.A. § 1151.

The Board has determined that the Veteran's pelvic tilt and scoliosis are caused by her service-connected thoracic and lumbar spine strain, and thus grants service connection for these conditions as secondary to her service-connected condition.

The Board has determined that the service records do not indicate the Veteran was present in Vietnam or on vessels involved in operations there. The case is being remanded to determine if any of the Veteran's assigned ships were docked in inland waters of Vietnam, which would allow for consideration of herbicide exposure.

The Veteran's appeal is being remanded to schedule him for a VA examination and obtain medical opinions regarding his symptoms and the root cause of his exertional compartment syndrome. The RO will then determine if he should be rated under different diagnostic codes based on the findings.

The Board has determined that new and material evidence has not been received to reopen the claim of compensation under 38 U.S.C.A. § 1151 for postoperative residuals of a Volkmann's contracture of the right hand, as there is no evidence showing fault on VA's part in the treatment provided.

The Veteran's claim for service connection for chronic myelogenous leukemia, which he asserts is related to exposure to ionizing radiation during his active duty, has been remanded due to the need for a VA examination and further development of his claim.

The Board found that the Veteran's overpayment of Vocational Rehabilitation benefits was not properly created due to administrative error, and thus denied the claim.

The Board denied both claims for payment of higher VA non-service-connected death pension benefits and an earlier effective date, finding that the appellant did not meet the legal requirements to establish entitlement.

The Veteran's burial expenses were unpaid at the time of his death, and the funeral home was the proper claimant for payment. The appellant does not have legal entitlement to VA burial benefits.

The Board has remanded the case for additional development, including scheduling a Travel Board hearing at the RO.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran for VA death benefits due to her not meeting the legal requirements, including being married less than one year prior to the Veteran's death and having a previous marriage that ended in divorce.

The Board finds that the Veteran's digestive disorder is not related to his military service and therefore denied his claim for service connection.

The Veteran's death from myocardial infarction is being reviewed for possible service connection due to exposure to toxins in Southwest Asia, including burning oil wells and chemical weapons. The VA will seek additional evidence regarding these exposures.

The Veteran's skin disability is being remanded for further examination and opinion to determine if it is at least as likely as not related to his military service, including herbicide exposure.

The Board denied the Veteran's claim for reimbursement of unauthorized medical expenses incurred at Orange Park Medical Center on November 3, 2012 due to lack of prior authorization and because VA facilities were not feasibly available.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of her varicose veins.

The Veteran's death was ruled due to his own health issues, and the appellant claimed she paid for his last sickness expenses. However, there is no clear evidence supporting her claim of payment or that accrued benefits were owed at the time of his death.

The Board has determined that the appellant served on active duty for at least 90 days during the Persian Gulf War era and is therefore eligible for VA home loan benefits.

The Veteran's claim for reimbursement of unauthorized private medical expenses incurred on January 30, 2013, at Coffee Regional Medical Center was denied because the treatment was not authorized by VA and the claim was not filed within 90 days after the treatment.