Other conditions decisions — 2015

The Veteran's claim for an initial compensable disability rating for his right ankle disability prior to November 30, 2011 was denied. His claim for a higher rating from April 27, 2014 is dismissed as he withdrew it at the June 2015 Board hearing.

The Veteran's claim for an earlier effective date for a 20% disability rating for L4-5 disc protrusion and facet arthrosis (claimed as lower back condition) is denied. The earliest possible effective date would be March 20, 2008, the date of his increased evaluation claim.

The Veteran's unauthorized medical expenses for treatment at Franklin Memorial Hospital on May 7, 2010 are denied as the treatment was not rendered in a medical emergency of such nature that delay would have been hazardous to life or health.

The Veteran's adenocarcinoma of the rectum was not incurred in or aggravated by service and such incurrence may not be presumed. The preponderance of the evidence is against the claim.

The Veteran's cause of death, prostatic cancer with metastasis, is found to be related to his service and thus service connection for the cause of death is granted.

The Veteran's Prinzmetal's angina is presumed to be related to his service in Vietnam, where he was exposed to Agent Orange. As a result, the Board has granted service connection for Prinzmetal's angina.

The Veteran's unauthorized medical expenses incurred at a private hospital for treatment of back pain and hyponatremia were denied as the treatment was not for an emergency condition, and no prior authorization from VA was obtained.

The Board denied the Veteran's claim for a rating in excess of 10 percent for residuals of an open reduction and internal fixation of the right radius, finding that the evidence did not support a higher evaluation.

The Veteran's death was not due to a service-connected condition, and the appellant filed for accrued benefits more than one year after the Veteran's death. Therefore, the appeal is denied.

The Veteran's surviving spouse was entitled to a survivor's pension with aid and attendance, but the appellant has already been awarded the full $2,112.00 of accrued benefits due at her death.

The Board denied DIC benefits as a surviving child of the Veteran due to the appellant being over the age of 23 and not permanently incapable of self-support.

The Veteran's request for benefits under the Veterans Retraining Assistance Program (VRAP) was denied because his chosen school, Loyola Marymount University, is not a community college or technical school. The criteria to establish entitlement to VRAP are not met.

The Veteran's right knee brace, used due to his service-connected residuals of a comminuted fracture of the right femur, tends to wear and tear clothing. The Board finds that this qualifies for a clothing allowance.

The Board has remanded the case due to uncertainty about whether the Veteran's military duties placed him near the perimeter of Takhli RTAFB, where he served. The appeal is now pending further investigation and determination.

The Board has remanded the case for scheduling a videoconference hearing before the Board due to the appellant's request.

The Veteran's gastrointestinal disorder, including chronic diarrhea and bowel obstruction following his in-service surgeries, has been rated at 30 percent since July 14, 2011.

The Veteran's alpha thalassemia, a genetic disease, was initially manifested and diagnosed during service. The Board granted service connection for anemia based on the presumption that it existed prior to service.

The Board has determined that the Veteran's skin condition is not related to his military service, including presumed exposure to herbicides during Vietnam service and any exposure to contaminated water at Camp Lejeune.

The Veteran seeks reimbursement for unauthorized medical expenses incurred at Baptist Medical Center from October 22, 2013 through October 28, 2013. The case is being remanded to determine if any of the claimed expenses were covered by Medicare Part A and Blue Cross/Blue Shield.

The Veteran's upper extremity radial nerve involvement, as secondary to the cervical spine, status post anterior fusion, is currently rated at 10 percent. The Board has determined that a higher evaluation is not warranted for this period.