Other conditions decisions — 2015

The Veteran's unauthorized medical expenses incurred at the Sarasota Memorial Hospital on January 10, 2013 were not reimbursable because the treatment was not provided in a medical emergency of such nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous to his life or health.

The Veteran's small, postoperative ventral hernia has not been manifested by weakening of the abdominal wall and indication for a supporting belt. As such, his disability does not more nearly approximate the criteria for a compensable rating under Diagnostic Code 7339.

The Veteran's claim for service connection for malignant squamous cell carcinoma was denied as there is no medical evidence of a nexus between the cancer and his military service, including his claimed cold exposure in Korea.

The Board found that the Veteran's ADHD was incurred during active service and granted service connection for this condition.

The Board has determined that service connection for squamous cell carcinoma of the tongue is granted, as it is more likely than not related to in-service herbicide exposure.

The Board has denied the Veteran's claim for service connection of a right hip disorder as secondary to his service-connected bilateral knee disabilities, finding that there is no medical evidence supporting such a relationship.

The Board is remanding the case to the AOJ for issuance of a Statement of the Case regarding the issue of entitlement to substitution as a claimant with respect to whether new and material evidence has been received to reopen a claim of service connection for the Veteran's death.

The Veteran's service-connected urethral stricture was rated at 40 percent prior to October 5, 2004 and at 60 percent as of that date. The Board found the evidence did not meet the criteria for a higher rating based on voiding dysfunction or renal dysfunction.

The Veteran's proctitis is currently rated at 30 percent, effective October 24, 2011. The Board has granted a 30 percent rating for the proctitis since July 9, 2009.

The Board denied the Veteran's request for an earlier effective date of June 5, 2009, for separate disability ratings of 30 percent for radial nerve paralysis due to tremors in both hands. The effective date is based on the VA examination conducted on June 23, 2009.

The Board has determined that the Veteran's lumbar spine disability warrants a 10 percent rating, but not higher.

The Board finds that the Veteran's current bilateral lower extremity varicosities did not manifest in service and are not otherwise related to active service.

The Veteran's claim of entitlement to service connection for residuals of a stroke was granted with an effective date of October 4, 2011. The Board found that the withdrawal of his appeal on May 17, 2011 constituted a successful reopening of his claim.

The Board denied the appellant's claim for basic eligibility for VA benefits due to lack of established veteran status and qualifying Philippine service.

The Board is remanding the case to address whether the retroactive award of $58,766 in DIC compensation was correctly calculated and also if the effective date should be earlier than October 1, 2006.

The Board has determined that the appellant can be recognized as the Veteran's surviving spouse based on her continuous cohabitation with him until his death, despite a separation procured by the Veteran without fault of the appellant.

The Veteran's period of service does not meet the eligibility requirements for Chapter 32 educational benefits, as he did not enter active duty after January 1, 1977 and was discharged with an honorable discharge. The claim is denied.

The Board has determined that the Veteran's current nasal obstruction is causally related to his military service, and therefore grants service connection for residuals of a nose injury.

The Board has determined that the appellant's service qualifies her for 'veteran' status and she meets the requirements for eligibility for VA home loan benefits under 38 U.S.C.A. § 3701(b)(5)(A). Therefore, the appellant is eligible to receive a Certificate of Eligibility for Loan Guaranty Benefits.

The Veteran seeks reimbursement for private medical expenses incurred at Orange Regional Medical Center on April 3, 2013. The case is remanded to determine the amount of patient share eligible for VA payment or reimbursement under the amended 38 U.S.C.A. § 1725.