Other conditions Board decisions

The Veteran's unauthorized medical expenses incurred at Southcrest Hospital from October 11, 2005 to October 19, 2005 were deemed necessary due to a continuing medical emergency. The VA facilities were not feasibly available for continued treatment until the date of transfer on October 19, 2005.

The appellant is entitled to reinstatement of her DIC benefits due to a legal error in the RO's decision, as her claim for reinstatement was received after December 16, 2004. The one-year limitation does not apply to claims for reinstatement of DIC benefits.

The Board has granted service connection for gout to include arthritis of the hands, feet, knees, and elbows, finding that all reasonable doubt should be resolved in favor of the appellant.

The Board has determined that the Veteran's respiratory disability is not related to his military service, including presumed exposure to herbicides. As such, the claim for service connection is denied.

The Veteran's service-connected left lung disorder has been adequately compensated by the rating schedule, and that disability does not present an exceptional or unusual disability picture with marked interference with employment. The preponderance of evidence weighs against a finding of significant impairment resulting from his service-connected left lung disorder.

The Board has determined that the Veteran's right foot metatarsalgia is related to service and granted service connection for this condition.

The Board has remanded the case due to a need for additional development and is not yet in a position to make a final decision on service connection.

The Board finds that the Veteran's cause of death, sepsis due to aspiration pneumonitis, was not caused or aggravated by his service-connected disabilities or any incident in service. The most probative evidence does not support a finding that the Veteran's brain tumor, which contributed to his death, was related to his cold exposure during service.

The Veteran's claim for service connection for a progressive neurodegenerative disease due to head trauma during service is being remanded for further development, including obtaining medical records and scheduling the Veteran for a VA examination.

The Veteran's claim for service connection for congestive heart failure was reopened and granted. The remaining issues were denied.

The Board denied the Veteran's claim for service connection of a right hip disorder, finding that there was no credible evidence linking his current condition to his military service.

The Veteran's claim for an increased rating for his service-connected residuals of circumcision is being remanded for further evaluation and clarification.

The Board has remanded the case due to unclear periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). The appellant's service records need to be verified, including any ROTC program participation. If additional evidence is needed, it should be obtained from the Naval Medical Center in Bethesda, Maryland.

The appellant requested a videoconference hearing, but did not appear. The case is being remanded to reschedule the hearing after her release from incarceration.

The Veteran's claim for nonservice-connected pension benefits was received on November 9, 2007. The appellant submitted a VA Form 21-4138 indicating the Veteran had passed away on December [redacted], 2007. However, as the Veteran's eligibility for nonservice-connected pension benefits terminated prior to payment becoming due or payable, the appellant is not entitled to accrued benefits based on any posthumous award of nonservice-connected pension benefits.

The Veteran's appeal for special monthly compensation (SMC) based on the need for regular aid and attendance of another person or at the housebound rate has been dismissed due to withdrawal by the appellant.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses at Shands Jacksonville Hospital on January 2, 2009 was denied because the condition did not meet the criteria for emergency treatment and there were no other conditions met under 38 U.S.C.A. § 1725.

The Veteran's appeal is being remanded due to the need for additional evidence, including medical records and documentation of work absences. The case will be readjudicated after these are obtained.

The Veteran's non-Hodgkin's lymphoma is not considered to be due to exposure to Agent Orange during his service, and thus the claim for service connection is denied.

The Veteran's claim for travel pay for fee-basis treatment between January 2008 and February 2009 was denied as he did not file a claim within the required 30-day period.