Other conditions decisions — 2016

The Board found no evidence of a chronic low back disability in service and concluded that the Veteran's current low back condition is more likely due to natural aging rather than an injury sustained during his military service.

The Veteran's claim for reimbursement of non-VA medical expenses incurred at Evergreen Health Medical Center and Radia, Inc. (Evergreen) from May 12, 2014 through May 16, 2014 was denied as the services were not authorized in advance by VA and the Veteran had health coverage under Medicare Part A and B which covered a significant portion of the Evergreen hospital bill.

The Board has decided to remand the case for additional development, including obtaining treatment records and documents related to the claim.

The Board has determined that the cause of the Veteran's death, cardiorespiratory arrest due to squamous cell carcinoma of the oropharynx, is not related to his military service and no service-connected disability contributed substantially or materially to his death.

The Veteran's appeal was dismissed due to his death, and no service connection decision could be made.

The Veteran's unauthorized medical expenses incurred from Marion County Fire Rescue on August 11, 2012 were denied as the treatment was for a nonservice-connected condition and he had coverage under Medicare Part A and Part B.

The Veteran's claim for a right eye disability, other than cataracts, secondary to his service-connected type II diabetes mellitus is being remanded due to the need for additional development of medical records and an opinion from an ophthalmologist.

The Board found that the Veteran did not complete his obligated service period as required by VA regulations, and thus, he is not eligible to transfer educational benefits under Chapter 33 (Post-9/11 GI Bill) to his spouse.

The Veteran's right foot disability, including his service-connected fracture residuals and other conditions, is currently rated at 20 percent. The Board finds that the evidence supports a higher rating of 20 percent for this condition.

The Veteran's appeal for service connection for a sleep disorder, to include as secondary to service-connected disabilities, has been withdrawn.

The Board found that the Veteran's overpayment of VA educational assistance benefits was valid due to fraud, and upheld the creation of the debt.

The Veteran's appeal for an increased rating of his service-connected right trapezius myositis was dismissed as he withdrew the appeal for whether a substantive appeal received on June 8, 2007, was timely filed.

The Veteran's overpayment of dependency benefits is being reviewed due to a disagreement with the amount and validity of the debt. The case is sent back for further action.

The Board found that there is no evidence of a current sinus condition related to the Veteran's service, including as a manifestation of an undiagnosed illness. The claim for service connection was denied.

The Veteran's son was denied accrued benefits as he did not meet the requirements to be considered a child or as reimbursement for expenses related to his father's last illness, funeral, or burial.

The case is being remanded due to the lack of recent medical records and an outdated aid and attendance questionnaire. The Veteran needs to provide updated medical evidence and undergo a new examination.

The Board has determined that the claims of service connection for the cause of the Veteran's death under 38 U.S.C.A. § 1151 and entitlement to Dependency and Indemnity Compensation (DIC) under 38 U.S.C.A. § 1318 are inextricably intertwined with the issue of service connection for the cause of the Veteran's death based on the provisions of 38 U.S.C.A. § 1151, which requires further development.

The Board has granted service connection for ingrown toenails of the bilateral feet and a respiratory disability, to include as due to an undiagnosed illness. The Veteran's current conditions are considered at least in equipoise with his active duty service.

The Veteran's appeal is remanded due to the need for a medical opinion regarding whether his fall from a scooter was caused by VA negligence, and for obtaining additional VA medical records.

The Board has determined that the Veteran's chronic abdominal muscle strain pre-existed service and was not aggravated by service, thus denying his claim for service connection.