Other conditions Board decisions

The Board denied service connection for back and left hip pain, finding that the evidence did not establish a link to service or service-connected disability.

The Veteran's unauthorized medical expenses incurred at Memorial Hermann Hospital from June 30, 2011 to July 5, 2011 are denied as the VA facilities were feasibly available and a transfer was not considered reasonable.

The Board found that the Veteran's lower extremity neurological disability is not related to service or a service-connected condition, and denied his claim for service connection. The Veteran's low back disability was rated at 20% based on forward flexion of more than 30 degrees without ankylosis or incapacitating episodes.

The Board found that there was clear and unmistakable error in the June 1948 rating decision, which failed to consider separate ratings for bilateral scotoma of the eyes associated with service-connected bilateral nutritional amblyopia of the eyes. The Veteran's eye disabilities were rated at a single 10 percent level.

The Board denied the Veteran's request to reopen his claim of entitlement to service connection for residuals of a wound or injury to the left leg, finding that the submitted evidence was not new and material.

The Board has granted the Veteran's claims for service connection for bilateral shoulder and arm disabilities, finding that these conditions are related to his active military service.

The Board found that the Veteran's bilateral flatfoot disability was a congenital disease and did not undergo an increase in severity during service, thus denying his claim for service connection.

The Veteran's claim for educational assistance benefits under Chapter 30, Title 38 United States Code was denied because the delimiting date for the use of such benefits had expired due to administrative error. The Board found that equitable tolling could not be applied in this case.

The Board has granted the Veteran's petition to reopen his claim of service connection for a left cheek skin disorder, finding that new and material evidence has been received. The case is now remanded for further development.

The Board denied the appellant's petition to reopen his claim of basic eligibility for entitlement to VA benefits, finding that he did not have any period of recognized military service for VA benefits purposes.

The Veteran withdrew his appeal regarding the payment or reimbursement of unauthorized medical expenses incurred at the Beatrice Community Hospital and Health Center from May 2, 2009 to May 4, 2009.

The Board has granted service connection for the residuals of respiratory cancer, including the tonsil, as due to herbicide exposure.

The Board finds that the proximate cause of any additional right ankle disability during and following treatment at Bronx VA Medical Center (VAMC) by VA was not due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on part of VA.

The Veteran's salivary duct carcinoma is related to his presumed exposure to herbicides (Agent Orange) during service in the Republic of Vietnam, and thus service connection is granted.

The Board has determined that the Veteran's fatal cholangiocarcinoma is at least as likely as not related to his service in Vietnam, specifically his exposure to liver flukes. As a result, service connection for the cause of death is granted.

The Veteran's HIV disease is found to have onset during service, specifically due to unprotected sexual intercourse with her then-service-connected husband. The Board finds the opinion of a private physician more persuasive than that of the VA examiner and grants service connection for HIV disease.

The Veteran is seeking compensation under 38 U.S.C. § 1151 for residuals of a cerebrovascular accident induced by Premarin, prescribed by VA Medical Center staff in Oklahoma City, in 2002. The appeal is remanded due to the need for further development and an appropriate VA examination.

The Veteran's emergency room visit on December 27, 2008 was for a non-service-connected condition (a stroke) and the Board found that it met the criteria for reimbursement under the Millennium Health Care Act.

The Veteran's sinus node dysfunction has not manifested more than one episode of congestive heart failure in a year or a workload of greater than 3 METs but not greater than 5 METs resulting in dyspnea, fatigue, angina, dizziness, or syncope. Therefore, the claim for an increased rating is denied.

The Board has remanded the case due to potential issues with notice and reinstatement of DIC benefits from December 1, 2007 to March 1, 2010. The appellant's moving history needs to be verified and she should be provided an opportunity to respond to a VA Form 21-0537 Marital Status Questionnaire.