Other conditions decisions — 2015

The Veteran's appeal is being remanded due to his failure to appear for a scheduled videoconference hearing. He requested rescheduling due to the illness of his stepfather.

The reduction in the evaluation for prostate cancer from 100 percent to 40 percent, effective August 1, 2011, was proper based on improvement following surgery and subsequent VA examinations.

The Board has determined that a remand is necessary to obtain a new VA examination and to ensure all relevant medical records are obtained for the Veteran's claims of service connection for urinary incontinence and fecal incontinence.

The Veteran was granted payment or reimbursement for unauthorized medical expenses incurred on December 22, 2010 at Sparrow Hospital due to the nature of his emergency abdominal pain and cramping associated with Crohn's disease. The treatment was deemed necessary as VA facilities were not feasibly available within a reasonable time frame.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on January 9, 2012 because the condition was not an emergency and a prudent layperson would not have reasonably expected that delay in seeking immediate medical attention would have been hazardous to life or health.

The case is remanded due to the need for proper notice and additional development of evidence related to the appellant's claim.

The Board has remanded the case for additional development, including obtaining VA and private treatment records related to the Veteran's service-connected cold urticaria and hives disability.

The Veteran's service records indicate he broke his right arm and developed a bunion on his left foot during military service. The Board finds that the current disabilities are related to these in-service injuries and grants entitlement to service connection for both conditions.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse for VA death benefits purposes due to her failure to cohabitate with the Veteran and because their separation was not solely due to the fault of the Veteran without fault by the appellant. The Veteran's subsequent marriage to another person is deemed valid for VA purposes.

The former service member's discharge was considered honorable, but she did not meet the minimum active-duty requirement for VA burial benefits due to unsatisfactory performance and early separation. The claim is denied as a matter of law.

The Veteran's appeal is being remanded for additional development to determine if the right arm disability was caused by carelessness, negligence, or fault on the part of VA during the September and October 2003 surgeries.

The Board found that the Veteran's income exceeded the maximum annual pension rates for permanent and total disability, thus denying his claim for special monthly pension benefits based on need for aid and attendance.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Timpanogos Regional Hospital on September 2, 2011 was denied as the treatment did not meet the criteria for emergency treatment under VA regulations.

The Veteran's hypertrophic cardiomyopathy has been rated at 60 percent since February 13, 2007 to March 28, 2011. The Board found that his disability prevented him from securing and following substantially gainful employment.

The Veteran's adenoid cystic carcinoma of the left tonsillar fossa was not present during service or within one year after discharge, and there is no evidence linking it to herbicide exposure. The Board finds that the cancer is not related to service.

The Veteran's residuals of transient ischemic attacks with lacunar infarct have not met the criteria for higher ratings or special monthly compensation based on housebound criteria.

The Veteran's service-connected HSV2 has required near constant systemic therapy, and the Board granted a disability rating of 60 percent under Diagnostic Code 7806.

The Board has determined that the appellant does not meet the criteria for recognition as the surviving spouse of the Veteran for purposes of receiving death pension benefits due to her remarriage and subsequent divorce.

The Board has determined that a 10 percent disability rating is warranted for the Veteran's service-connected varicose veins prior to October 3, 2012. A higher rating of greater than 10 percent is not warranted at any time throughout the period on appeal.

The Board has remanded the Veteran's claims for additional development due to outstanding private treatment records and a need for further medical opinions regarding his eye disorder and hypertension.