Other conditions Board decisions

The Board has determined that there are due process matters and evidentiary deficiencies in the current decision regarding whether the Appellant's income exceeds the maximum annual pension rate limits for a surviving spouse, as set by law, for the receipt of nonservice-connected death pension benefits. The case is being remanded to calculate her countable income from 2001 to 2011 and determine if it exceeds the MAPR.

The Veteran's appeal for service connection for sterility was denied as there is no competent and credible evidence of a current disability.

The Veteran's claim for service connection for residuals of bulging discs (claimed as back and leg pain) is being remanded due to the need for additional development, including a new VA examination.

The Veteran's microscopic hematuria was first noted during service and has continued since discharge. However, there is no medical diagnosis of a disease or disability resulting from this finding.

The Board has reopened the Veteran's claim of service connection for a prostate disorder, but further development is needed to determine if there are current residuals from a transurethral resection and whether he has pyelonephritis. The case is REMANDED.

The Veteran's unauthorized medical expenses for emergency treatment at Florida Hospital Deland from March 25, 2007 to March 27, 2007 are granted as the condition was of such a nature that delay would have been hazardous to life or health and VA facilities were not feasibly available.

The Board has determined that new and material evidence has not been submitted to reopen the appellant's claims for DIC under 38 U.S.C.A. § 1318 and service connection for cause of death, as the evidence does not raise a reasonable possibility of substantiating those claims.

The Veteran's claim for an initial evaluation in excess of 10 percent for service-connected claustrophobia with panic attacks is being remanded due to the need for a more contemporaneous VA examination and additional medical records.

The Veteran's claim for reimbursement of unauthorized medical expenses for outpatient visits at Maine Cardiology Associates is denied as the criteria for emergency treatment were not met.

The Veteran's unauthorized medical expenses for emergency treatment on March 12, 2007 are granted as the condition was of such a nature that delay would have been hazardous to life or health and VA facilities were not feasibly available.

The Board dismissed the motion for revision of a decision based on clear and unmistakable error because it did not comply with the requirements set forth in 38 C.F.R. § 20.1404(a) and (b).

The Veteran's skin disability was not incurred in or aggravated by service, nor may it be presumed to have been incurred in service. The Board found the evidence against a finding that the Veteran's current skin disability had its onset in service or is otherwise causally related to service, including exposure to herbicide agents.

The appellant's father served in Vietnam and was exposed to herbicides. The VA examiner found no diagnosis of spina bifida, which is required for compensation under 38 U.S.C. § 1805. Therefore, the claim is denied.

The Board found that the Veteran's metastatic sinus cancer was not caused by his service-connected atopic dermatitis and denied the claim for service connection for the cause of death.

The Board has determined that the Veteran's recurring perirectal abscess is related to his active service and grants service connection for this condition.

The Veteran's bilateral foot disorder, to include metatarsalgia, has been continuously present since her separation from active service and the Board finds that it is related to her in-service complaints of bilateral foot pain.

The Board found that the appellant's bilateral hip disorder was not incurred in or aggravated by active military service and is not due to a service-connected disability. As such, service connection for this condition cannot be granted.

The Board denied the claim that the Veteran's common law wife accepted the child as a member of her household, which is required for the child to be considered a stepchild and eligible for VA benefits.

The Board has remanded the case for further development, including obtaining a retrospective medical opinion to determine the etiology of upper extremity numbness and pain.

The Veteran's service-connected left foot disability does not meet the criteria for loss of use of a foot, as he can still walk and perform activities with assistance. His symptoms are related to non-service connected conditions.