Other conditions decisions — 2018

The Veteran's eye disorder, including blepharitis, keratitis, and eye strain, is found to have started during her military service. The Board granted service connection for these conditions.

The Board has remanded the case due to pending appeals for increased evaluations of service-connected rhabdomyolysis and hidradenitis suppurativa. The TDIU claim will be reconsidered after these issues are resolved.

The Veteran's service in the National Guard from July 1, 2013 to September 30, 2013 was deemed creditable active duty service. This added 90 days of service to his total, bringing it to approximately 15 months (452 days) after September 10, 2001. The Veteran is therefore entitled to a 60% educational assistance benefit level under the Post-9/11 GI Bill.

The Board denied payment or reimbursement for medical expenses incurred at Portneuf Medical Center (PMC) from February 25, 2015 through March 6, 2015 due to lack of prior authorization and failure to meet the emergency treatment criteria.

The Veteran's claim for an earlier effective date of November 14, 1990, for service connection of a disability characterized as other specified trauma and stressor-related disorder, adjustment-like disorders is granted. The initial rating for the same condition remains at 30 percent.

The Veteran's claim for service connection for colon cancer, which he claims is secondary to asbestos exposure during his active duty, has been remanded due to the need for further medical examination and development of records.

The Board has remanded two issues: one regarding service connection for the cause of death due to herbicide exposure, and another regarding compensation under 38 U.S.C. § 1151 for the cause of death. The first issue is related to a new diagnosis of soft cell sarcoma/colon cancer, which requires obtaining medical records from private providers and VA facilities. The second issue involves sepsis resulting from a colostomy procedure at a VA facility.

The Board has determined that the medical evidence is insufficient to rate the Veteran's left knee disability and has ordered a remand for further development, including obtaining medical records from the correctional facility where the Veteran is incarcerated and scheduling an examination.

The Board found that the overpayment of Chapter 31 education benefits in the amount of $246.20 was properly created and denied a waiver for recovery.

The claim for nonservice-connected burial benefits was denied due to an untimely application filed more than two years after the Veteran's death.

The Board has remanded the case due to incomplete information regarding the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). The AOJ is instructed to verify these periods, including August 4, 2010, and obtain pay stubs if necessary.

The Veteran's request for a waiver of an overpayment debt related to education benefits was denied because the request was not filed within 180 days of the notice of indebtedness.

The Veteran's unauthorized medical expenses incurred at a private hospital for his back pain were granted as the treatment was in response to an emergency and VA facilities were not feasibly available.

The Veteran's claim for service connection for a failed back syndrome was denied in March 1974. The Board found that the March 1974 decision became final and thus, an earlier effective date is not granted.

The Board denied service connection for chest pain, right arm disability, and groin pain as there is no evidence of current disabilities in the record.

The Board denied service connection for cancer of the neck (claimed as throat cancer and tonsil cancer) in January 2006. The Veteran's claim was reopened, but new evidence did not raise a reasonable possibility of substantiating the claim.

The appeal was dismissed due to the appellant's death.

The Board has remanded the case due to insufficient information regarding whether the Veteran's exposure to Agent Orange caused his pancreatic cancer, which was a contributing factor to his death.

The Veteran's most recent VA examination for his bilateral hand arthritis was in March 2015. The examiner did not conduct range of motion testing on both active and passive motions, as required by the regulations. Therefore, a new VA examination is needed to determine the current severity of the disability.

The Veteran's unauthorized medical expenses at Flagstaff Medical Center were denied as he did not receive any VA services within the required timeframe.