Other conditions decisions — 2015

The Veteran's appeal is being remanded to obtain additional medical records from the Samaritan Lebanon Community Hospital, as his situation did not involve an emergency medical condition.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Veteran's 100% disability rating and basic eligibility to DEA benefits were established in May 2003. The Appellant's application for retroactive DEA benefits was received by VA on October 19, 2012, which is more than one year after the initial rating decision. Therefore, the claim is denied.

The Board denied service connection for basal cell carcinoma, finding that the Veteran's current condition is not related to his active military service and did not manifest within one year of separation.

The Veteran's unauthorized medical treatment for gastrointestinal symptoms was not considered emergent, and there was no evidence that VA facilities were unavailable or unfeasible. Therefore, the claim for payment/reimbursement of unauthorized medical expenses is denied.

The Veteran's claim for service connection for psychosis for the purpose of establishing eligibility for treatment under 38 U.S.C.A. § 1702 was denied as there is no evidence showing an active diagnosis within two years of his eligible period of active duty.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at St. Cloud Hospital Emergency and Trauma Center on March 27, 2012 is being remanded due to incomplete records.

The Board denied the Veteran's request for waiver of overpayment of non-service-connected pension benefits, finding that recovery would not be against equity and good conscience due to the Veteran's significant income from retirement benefits. The debt was deemed unjust enrichment.

The Veteran's appeal was dismissed due to his death.

The Board finds that the Veteran's left leg shin splints are related to his active military service and grants service connection for this condition.

The Board has granted service connection for the residuals of cold injuries of the feet with an effective date of December 5, 1945.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for further consideration.

The Veteran's gout is caused by his service-connected disabilities, specifically hypertension and kidney disease.

The Board has granted service connection for a noncompensable dental injury for dental treatment purposes, resolving all reasonable doubt in the Veteran's favor.

The Veteran's claims for service connection for a respiratory disorder and sleep apnea have been denied. The Board found no evidence of asbestosis within the appeal period, and concluded that any identified respiratory disability is not related to military service.

The Veteran's right rotator cuff and biceps tenosynovitis have been rated at 10 percent, the highest possible under the applicable rating criteria. The disability is characterized by painful and limited motion of the shoulder joint.

The Board has determined that there was clear and unmistakable error in the April 1946 rating decision denying service connection for cold injury residuals of the feet, and has granted an earlier effective date.

The Board found that the Veteran's current low back disability is not related to his service, including a claimed injury while changing a tire in Iraq. The evidence does not support a finding of service connection.

The Veteran's claim for service connection for squamous cell carcinoma of the right oral tongue is being remanded due to incomplete information regarding exposure and a need to verify an incident involving fire control on U.S.S. YARNELL (DLG-17).

The Veteran died from undifferentiated sepsis due to metastatic esophageal cancer, which were not service-connected and not presumed to be caused by Agent Orange exposure. The Board found no evidence linking these conditions to the Veteran's period of active duty.