Other conditions decisions — 2018

The Veteran's claim for an effective date earlier than January 16, 2010, for the grant of a total rating based on individual unemployability due to service-connected disabilities (TDIU) is denied as it is not factually ascertainable that he was unable to secure and follow a substantially gainful occupation prior to this date.

The Board found that the Veteran's rib fracture is not etiologically related to a disease, injury, or event that occurred in service and denied his claim for service connection.

The Board has determined that the Veteran's neck condition is not related to his service and therefore denied his claim for service connection.

The Veteran's claims for service connection for a skin disorder and respiratory disorder, as well as his claim for a compensable rating for bilateral hearing loss, were denied. The Board found no evidence of current diagnoses or chronic conditions related to the Veteran's active service.

The Board has determined that the Veteran's bilateral cataracts are secondary to his service-connected type 2 diabetes mellitus and grants service connection for this condition.

The Veteran's thoracic spine disability was rated at 10 percent prior to August 1, 2016 and denied for a higher rating. After August 1, 2016, the Veteran's disability was rated at 40 percent and also denied.

The Veteran's claim for dependent spouse compensation was denied because he failed to provide sufficient documentation to establish the validity of his marriage to YCM.

The Board has granted a 10 percent rating for the Veteran's service-connected genital herpes simplex virus, finding that his condition covers at least 5 percent but less than 20 percent of his total body area during frequent outbreaks. The decision is based on the criteria under Diagnostic Code 7806.

The Board denied service connection for throat cancer, finding that the evidence did not support a link between the condition and military service, including exposure to ionizing radiation.

The Board denied the veteran's claim for Post-9/11 GI Bill benefits as she did not meet the minimum service requirements.

The Veteran's claim for payment or reimbursement of private medical expenses incurred at Morton Plant North Bay Hospital from March 22 to March 25, 2014 was denied because the emergency treatment ended on March 21, 2014 and VA did not provide timely notification for transfer to a VA facility. The Veteran's condition was stable enough for transfer.

The Veteran's unauthorized medical expenses incurred during a private hospitalization with Vanderbilt Medical Group from April 26, 2013 to April 30, 2013 are granted, subject to the amount already paid by his private insurance and excluding any copayment or deductible owed.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred on June 9, 2014 is denied because the treatment was not for a service-connected disability or an emergency condition that would have been hazardous to life or health if delayed. The nearest VA facility was available and the Veteran could have received the necessary care at his scheduled appointment.

The Veteran's unauthorized medical expenses for emergency treatment at VCRMC are granted because the delay in seeking immediate medical attention was hazardous to his life or health, and a VA facility was not feasibly available.

The Board denied service connection for a skin disorder, finding that the Veteran's current diagnoses of basal cell carcinoma, seborrheic keratosis, and actinic keratosis are not related to his military service or exposure to herbicide agents in Vietnam.

The Veteran's pension benefits were terminated due to non-compliance with a VA Form 21-0516, and an overpayment was created. The appeal is remanded for the creation of an SOC addressing whether the overpayment was properly created.

The Veteran's chronic lymphocytic leukemia was not incurred or aggravated by service, and the Board found no evidence linking his remote onset of the condition to service exposure.

The Veteran's claim for an increased rating for a mood disorder was denied, with the effective date set at April 30, 2010.,The Veteran's claim for an earlier effective date for the grant of a 70 percent rating for her mood disorder was also denied. The effective date remains at April 30, 2010.,The Veteran's claim for TDIU was granted with an effective date set at April 30, 2010.

The Veteran's unauthorized medical expenses from March 15, 2014 were not timely filed for reimbursement and therefore the claim was denied.

The Board has decided to remand the case due to insufficient information regarding whether VA facilities were available and feasible for the Veteran's condition, as well as the nature of his medical expenses.