Other conditions decisions — 2001

The veteran's claim for payment or reimbursement of the cost of unauthorized medical services provided from February 24, 1998 through March 1, 1998 is granted as he was undergoing treatment in a medical emergency and VA facilities were not feasibly available.

The Board denied the appellant's request for waiver of loan guaranty indebtedness because it was not submitted within one year after VA provided proper notice by Certified Mail-Return Receipt requested.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for tachycardia. The case is now remanded for further development.

The Board has determined that the veteran's adjustment disorder with psychotic features became manifest to a compensable degree within one year after his separation from service, warranting service connection. The personality disorder was not found as a compensable condition.

The Board denied the appellant's claim for apportionment of the veteran's VA disability compensation benefits on behalf of their children, finding that the veteran was reasonably discharging his responsibility for supporting the children and there was no undue hardship.

The veteran's service-connected residuals of a shell fragment wound of the right arm, Muscle Group V are currently rated as 10 percent disabling and do not meet the criteria for an increased rating.

The veteran's appeal is about the increased rating for his service-connected generalized arthralgia. The Board has determined that further examination and development are needed to clarify whether any additional joint pathology is associated with this condition.

The Board found that recovery of the overpayment would not be against equity and good conscience, thus denying the veteran's request for a waiver.

The Board denied the appellant's claim for basic eligibility for VA disability benefits due to a lack of valid military service. The appellant's spouse was determined not to have served as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the United States Armed Forces.

The Board denied the appellant's claim as no new and material evidence was received to reopen her deceased spouse's veteran status for VA benefits.

The Board has determined that the criteria for a compensable evaluation for malaria have not been met, and thus denied the claim.

The Board denied the appellant's request for a waiver of recovery of an overpayment of DIC benefits, finding that she was primarily at fault in creating the overpayment due to her failure to report income from an annuity. The decision also noted that the appellant had considerable assets and did not demonstrate undue financial hardship.

The Board denied the veteran's claims of CUE in two rating decisions, finding that the evidence did not support service connection for anterior polio myelitis.

The Board has denied the veteran's claims for service connection for anemia as secondary to MEK exposure and for a higher disability evaluation for his chronic nervous condition.

The Board dismissed the appeal because the veteran died before it could be decided.

The RO's June 1996 decision denying outpatient dental treatment was found to be clearly and unmistakably erroneous, and the veteran is now eligible for VA outpatient dental treatment. The claim for compensation for extracted tooth number 8 remains pending.

The Board denied the veteran's claim for service connection for post-traumatic stress disorder (PTSD) as there was no clear diagnosis of PTSD and the evidence did not support a link between current symptoms and an in-service stressor. The appellant served in Vietnam but had no combat experience, and his service records were silent on any psychiatric complaints or symptoms during service.

The Board has determined that the veteran's right knee disorder, diagnosed as chondromalacia patella, was incurred in service and granted service connection for this condition.

The Board has determined that new and material evidence has not been submitted to reopen the claim of eligibility for benefits under the laws administered by VA, as the appellant's previous claims were denied due to a lack of qualifying service in the Armed Forces of the United States.

The Board denied the veteran's claim for service connection for residuals of a concussion.