Other conditions decisions — 2016

The Veteran's claim for increases in the ratings for recurrent urolithiasis/nephrolithiasis is being remanded due to outstanding VA and private treatment records that need to be secured.

The Veteran's claim for an earlier effective date for additional compensation benefits for his current spouse, D.W., is denied as VA was not aware of her marriage until August 2011 and proof of the event was received more than one year after the notification of the rating decision.

The Board has remanded the case due to a need for an addendum opinion regarding whether the Veteran's Non-Hodgkin's lymphoma is related to his in-service skin disease, which may present a risk factor for the diagnosed large cell lymphoma of the skin.

The Veteran's claims for service connection for oropharyngeal cancer and non-Hodgkin's lymphoma, both linked to exposure to herbicides, have been dismissed due to the Veteran's death.

The Veteran's appeal was dismissed due to the death of the appellant, and no disability rating is assigned.

The Veteran's condition was not emergent in nature, and there were no indications of an immediate medical emergency that would have necessitated seeking treatment at Baptist Medical Center Beaches. The Board finds the preponderance of evidence does not support reimbursement or payment for unauthorized medical expenses.

The Veteran's claim for service connection for chronic nonischemic cardiomyopathy was received on January 31, 2013. The effective date of the grant of service connection is set at January 31, 2013.

The Veteran's claim for payment or reimbursement of medical expenses incurred at Flagler Florida Hospital on February 22, 2014 was granted by the Board. The treatment was deemed necessary due to a non-service-connected condition and all eligibility criteria under 38 U.S.C.A. § 1725 were met.

The Veteran's claim for payment or reimbursement of unauthorized medical treatment rendered by Dr. Kucinsky on July 29, 2013 was denied as the claimant did not submit a request in writing for additional time to provide records within the required timeframe.

The Veteran's claim for an initial compensable rating for Dupuytren's contracture of the right hand was denied as there is no evidence of any functional impairment that would warrant a higher rating.

The Board has determined that the Veteran's polycythemia vera is attributable to service, and thus granted his claim for service connection.

The Veteran's death was initially denied due to his duty status at the time of his death. However, a revised DD-1300 from the Department of Army indicates he was on active duty at the time of his death. The Board granted service connection for cause of the Veteran's death and set an effective date of August 29, 1975.

The Board has remanded the case for additional development, including obtaining updated VA and/or private treatment records and scheduling a VA examination to determine the likely etiology of the Veteran's skin disabilities diagnosed during the pendency of this claim.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board found that the Veteran's cause of death due to AML was not related to his military service, including exposure to Agent Orange. Service connection for AML is denied as it does not meet the criteria for presumptive service connection.

The Board has determined that the Veteran's bilateral foot disorder is related to his active service and grants the claim for service connection.

The Board found that the Veteran did not attempt to seek treatment at a VA facility on November 20, 2013, nor did he seek authorization for treatment at Clark Regional Medical Center (RMC). The claim was denied as there were no attempts made to obtain prior authorization from VA or contact them regarding transportation issues.

The Veteran's appeal for a total rating based on individual unemployability due to service-connected disabilities has been withdrawn.

The Board has remanded the case for readjudication of the increased rating claim for chronic bilateral sacroiliitis and TDIU after new evidence was associated with the file. The claims are currently pending.

The Board finds that the Veteran's tonsillar cancer, which caused his death, was not service-connected due to exposure to herbicides. However, resolving all reasonable doubt in favor of the Appellant, the Board concludes that there is at least a 50% likelihood that the Veteran's tonsillar cancer was caused by his in-service exposure to Agent Orange.