Other conditions decisions — 2018

The Board has remanded the claim for payment or reimbursement of medical expenses due to insufficient development and unclear who is the proper claimant. The case will be returned to the AOJ for further action.

The Board has remanded the issue of whether a VA Form 9 received on April 15, 2011 was timely filed due to scheduling conflicts and failure to appear for hearings.

The Veteran's intermittent explosive disorder has been rated at the highest available rating (70%) based on symptoms such as anger, sleep disturbances, social impairment, anxiety, impaired impulse control, difficulty adapting to stressful circumstances, and depression. The Board found that these symptoms do not meet or approximate the criteria for a 100% rating due to total occupational and social impairment.

The Veteran's medical emergency at Heart of Florida Regional Medical Center on August 28, 2014 was for abdominal pain and nausea. The services were deemed necessary due to the severity of his symptoms and the lack of availability of a VA facility within reasonable distance.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's pre-existing enuresis was aggravated during active duty service.

The Veteran's appeal has been dismissed due to his death, and the issues have become moot.

The Board has decided that the overpayment of DEA benefits is valid and must be recovered. However, due to a procedural error, the issue of whether a waiver of recovery should be granted remains unresolved.

The Board has decided to remand the case due to inadequate examination reports and incomplete medical records. The Veteran's acquired psychiatric disorders are being reviewed for service connection, with consideration given to their relationship to his service-connected lumbar degenerative joint disease and cervical degenerative disc disease.

The Veteran's unauthorized medical expenses for a rib fracture at Ocala Regional Medical Center on April 7, 2015 are now covered by VA due to the reversal of previous decisions and the Court's decision in Staab v. McDonald.

The Veteran's service connection claim for a right foot disability, specifically a fracture of the right fifth metatarsal, is granted as there was an in-service injury and no dispute over its existence. The current disability component is also satisfied.

The Board has remanded the case due to the need for a VA medical opinion regarding the nature and etiology of the Veteran's congestive heart failure, which may be related to his service-connected diabetes mellitus.

The Board denied the Veteran's claims for service connection of a right elbow condition, deviated septum, and skin rash. The claim for teeth grinding was also denied.

The Board denied the Veteran's claim of service connection for an eye disability, to include vision impairment, finding that his current condition is not a disease or injury subject to service connection.

The Veteran's squamous cell carcinoma of the skin was denied as not being related to his active duty service.

The Veteran's appeal for an earlier effective date for TDIU was dismissed due to his death.

The Veteran's claim for service connection and compensation under 38 U.S.C. § 1151 for HIV related illness was denied as there is no reliable evidence linking the Veteran’s HIV to his active service.

The Veteran's surviving spouse withdrew the appeal before a decision was made, thus the case is dismissed.

The Veteran's treatment at Florida Hospital on May 3, 2014 was not for a medical emergency and no VA facility was feasibly available. The appeal is denied.

The Board has remanded the case due to incomplete medical records, and requests for additional information from the Appellant.

The Veteran's appeal includes claims for an initial compensable rating for left eye pterygium and a TDIU rating. The Board has remanded both issues due to the need for additional evidence and examination.