Other conditions decisions — 2017

The Veteran's claim for payment or reimbursement of emergency treatment received at the University of Kentucky Hospital is denied as all criteria under 38 U.S.C.A. § 1725 and 38 C.F.R. § 17.1002 are not met.

The Veteran died in March 2005 due to cardiac arrest, with underlying causes of congestive heart failure and dilated non-ischemic cardiomyopathy. The VHA opinion concluded that the cause of death was not related to his military service or herbicide exposure.,Service connection for the cause of the Veteran's death is denied as there is no evidence linking his death to his military service.

The Board found that VA correctly utilized the Veteran's net SSA income to calculate his pension benefit and denied the appeal.

The Board has decided to remand the case for additional development of income tax returns and other evidence, as requested by the appellant.

The Board dismissed the appeal due to the death of the appellant, and no jurisdiction remains for further action.

The Veteran's enucleation, left eye disability is currently rated at 10 percent disabling under the provisions of Diagnostic Code 6063-6066. The Board finds that a higher rating is not warranted as vision in the right eye is shown to be 20/40 or better.

The Veteran's right foot disability was granted a 30 percent rating effective August 24, 2012. The left foot disability was also granted a 30 percent rating effective March 26, 2015.

The Veteran is entitled to VA benefits for the period of service from October 1998 to August 2000, and his uncharacterized discharge was under conditions other than dishonorable. The Board has also remanded the case for a VA examination to determine the likely cause for his left foot disability during the appeal period.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner regarding the Veteran's claimed left eye disability and its relationship to service.

The Veteran's claims for service connection for Bertolotti's syndrome and shortening of the right leg, as well as a low back disability (lumbosacral transitional vertebrae with associated scoliosis and symptoms of back pain and sciatica), were reopened. The Board found that new evidence supported reopening these claims and established a link between the Veteran's current disabilities and active military service.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's respiratory disorder, as well as to obtain relevant SSA records. The case will be returned for further action.

The Board found that the Veteran's cause of death, malabsorption, was not related to her military service or any service-connected conditions. The Board concluded that herbicide exposure did not contribute to her death and that there is no scientific proof linking malabsorption to Agent Orange exposure.

The Board found that the Veteran's current eye disorders are due to natural aging and not related to service, specifically his M1 Garand Rifle. Therefore, the claim for service connection is denied.

The Veteran's service-connected colon cancer is not considered to be due to his in-service radiation exposure, and the claim for service connection based on this exposure is denied.

The Veteran's radiculopathies of the bilateral lower extremities are each rated at 40 percent, which is the maximum schedular rating for these conditions.

The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling the Veteran for examinations to determine the nature and etiology of any skin disabilities other than eczema found to be present during service, as well as the severity of his erectile dysfunction.

The Veteran's claim for an increased rating for his right ankle disability is being remanded due to the need for further development, including a new VA examination.

The Board found that the Veteran's bilateral cataracts were not caused by his service, including exposure to ionizing radiation and excessive sun exposure. The evidence did not support a finding of direct service connection.

The Board has determined that the Veteran does not have a current diagnosis of heat syncope related to his service, and thus denied his claim for service connection.

The Board has remanded the case to obtain an opinion on whether the Veteran's herbicide agent exposure was a factor in his liver cancer, which is listed as the cause of death.