Other conditions decisions — 2005

The veteran's request for waiver of the overpayment was not received within the required 180-day period, and therefore his appeal is denied.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at St. Luke's Northland Hospital on December 1, 2002 was denied because VA facilities were feasibly available and the treatment did not relate to an adjudicated service-connected disability.

The veteran's daughter was born with a spinal birth defect, but her death certificate did not specify the cause of death. The Board found that she did not have spina bifida and denied the claim for monetary allowance under 38 U.S.C.A. § 1805.

The Board denied the appellant's claims for nonservice-connected death pension and Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318 because she was not a surviving spouse at the time of her husband's death.

The VA denied a higher initial disability rating for the veteran's fractured left toes, finding that his pain does not warrant a higher rating.

The Board found that the appellant completed 9 credit hours during the Spring semester at Southern University in New Orleans, and thus her credit hours were properly reduced from 12 to 9. The appeal is denied.

The veteran's left knee disability is found to be service-connected, with the Board finding that it as likely as not was first clinically manifested during his period of service. The right knee disability claim remains pending.

The Board denied the appellant's request for an extension of his delimiting date for educational assistance benefits due to a physical disability incurred in service, as the extension period has expired.

The veteran's TMJ syndrome did not meet the criteria for a higher than 10 percent rating from July 18, 1989 to September 24, 1998.

The Board found that the veteran's delimiting date for Chapter 30 educational assistance benefits was properly adjusted to June 17, 1988 due to a break in active duty between January 1, 1977, and June 30, 1985. The veteran's application for benefits was received after the effective period.

The Board found that the veteran's vasculitis and encephalopathy did not have its onset during active service or result from disease or injury in service. The claim for service connection was denied.

The Board denied the veteran's request for a waiver of recovery of an overpayment in the amount of $534.43, finding that there was no fraud or bad faith on his part but concluding that he was solely at fault in creating the overpayment due to his failure to notify VA about his daughter's school termination.

The veteran's right knee disability is rated at 10 percent, and his claims for stomach condition, PTSD, bacterial infection, and reopening of service connection claims are all granted.

The Board found no clear and unmistakable error in the June 1972 rating decision that assigned a 20 percent rating for residuals of a gunshot wound to the left thigh/buttock, thus denying the veteran's claim.

The Board has determined that the veteran's stomach disorder is not related to his service and therefore denied service connection. The RO also considered whether he was unemployable due to his service-connected disabilities but found no evidence of such, thus denying TDIU.

The Board denied service connection for the cause of the veteran's death, finding that there was no evidence linking his fatal pancreatic cancer to his military service or any presumptive conditions.

The case is remanded for determining the validity of the overpayment debt and readjudicating the waiver of recovery issue, as both are inextricably intertwined.

The veteran's claim for an increased disability rating for residuals of carcinoma of the larynx, status post hemi-laryngectomy is being remanded due to insufficient evidence from a previous VA examination and the need for a new one.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from June 6, 2002 to June 22, 2002 is denied as he does not have any service-connected disabilities and his Medicare Part B paid part of the amount of the bills.

The appellant's claim for nonservice-connected pension benefits is being remanded due to the need for further development regarding his service and eligibility.