Other conditions decisions — 2019

The Board has granted service connection for basal cell carcinoma, finding that the condition is as likely as not related to in-service exposure to sunlight. The decision is based on the Veteran's testimony and medical records indicating a diagnosis of basal cell carcinoma during his active duty service.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred by ambulance transportation on January 27, 2018 is denied. The Board found that the condition was not emergent and therefore did not meet the criteria for emergency treatment.

The Board has remanded the Veteran's claims for service connection for peripheral vascular disease of the left and right lower extremities, eye disorder, and cardiac disorder as secondary to his service-connected diabetes mellitus due to incomplete examinations.

The Veteran's need for aid and attendance of another person or housebound status is denied as he is not shown to be in need of such assistance.

The Board denied service connection for a psychiatric disorder, finding that the Veteran did not have a current acquired psychiatric disorder related to his military service and that personality disorders are not diseases or injuries for which service connection may be granted.

The Veteran's appeal is remanded due to the need for updated private treatment records. The Board will attempt to obtain these records and complete any necessary additional development.

The Veteran's appeal regarding the withholding of VA disability compensation benefits due to receipt of active service pay for 65 drill days in FY 2016 has been dismissed as she withdrew her appeal.

The Board has decided to remand the case due to a need for an additional medical opinion regarding whether the Veteran's nasopharyngeal carcinoma was at least as likely as not due to presumed herbicide exposure. The examiner is asked to consider both smoking and Agent Orange exposure in their assessment.

The Board has taken jurisdiction of a claim for Total Disability Rating Based on Individual Unemployability (TDIU) under Rice v. Shinseki, 22 Vet. App. 447, 453-54 (2009), in connection with the Veteran's August 2008 claim for increased ratings for venous insufficiency in her lower extremities. The RO awarded TDIU effective January 25, 2011. However, the Veteran argues that she should be compensated beginning July 7, 2009 as she became too disabled as of this date to work. Further information and clarification from the Veteran is necessary to establish when her employment ended and to determine her employment status between June or July 2009 and January 25, 2011.

The Veteran's condition was not of such a nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous to life or health. Therefore, the claim for payment or reimbursement for unauthorized medical expenses incurred at Mease Countryside Hospital on April 25, 2017 is denied.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Banner Gateway Medical Center on November 19, 2016 is denied because he did not receive medical services from VA within the preceding 24 months.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Board denied service connection for a dental disorder due to trauma, finding no evidence of damage or impairment involving the maxilla or mandible during service. The claim is denied as replaceable missing teeth do not qualify for compensation under VA regulations.

The Board has remanded the cases for further development and evaluation due to insufficient examination findings, incomplete service records, and issues related to TDIU.

The Veteran's service-connected intestinal resection of the ileum with adhesions, chronic pancreatitis, and pancreatic cyst is currently rated at 40 percent prior to January 28, 2019. On or after January 28, 2019, the maximum schedular rating available for small intestinal resection (40%) has been assigned.

The Board found that the appellant knowingly provided fraudulent evidence in support of her DIC claim, leading to a forfeiture of all benefits under VA laws. The appeal is dismissed.

The Board is remanding the case to determine if a $1,260 tuition payment made under the Post-9/11 GI Bill was properly issued and received by the education institution. The Veteran contends he had to pay out of pocket for this term.

The Board has denied a rating in excess of 10 percent for the Veteran's service-connected lichen nitidus, finding that it does not meet the criteria for a higher rating under the applicable VA regulations.

The appellant did not file a claim for accrued benefits within one year of the Veteran's death, and therefore, the appeal is denied.

The Board has determined that the Veteran's current ear disability, including his vertigo and associated dizziness, is at least as likely as not caused by a head injury he sustained during service. As such, the claim for service connection for an ear disability is granted.