Other conditions decisions — 2007

The veteran's daughter is not eligible for improved death pension benefits due to her income exceeding the maximum allowed by law.

The veteran claims compensation under 38 U.S.C.A. § 1151 for permanent memory loss due to a cerebrovascular accident, but the Board finds that additional development is necessary before this claim can be decided.

The Board denied the appellant's claim for VA non-service connected death pension benefits as a surviving spouse due to her husband's service with the New Philippine Scouts, which does not qualify him or his survivors for such benefits.

The Board denied the veteran's claim for a waiver of overpayment of compensation benefits in the amount of $318.00.

The Board dismissed the appeal due to the death of the appellant, as it has no jurisdiction to adjudicate the merits of this claim.

The veteran's application for enrollment in the VA healthcare system was denied due to his nonservice-connected status and placement in priority category 8, which is not eligible for enrollment under current regulations.

The veteran's emergency medical treatment for back pain on September 12, 2002 was not considered an emergent situation by the Board. The decision states that a prudent layperson would not have reasonably expected delay in seeking immediate medical attention to be hazardous to life or health.

The Board denied the appellant's claim for basic eligibility for VA health benefits due to lack of qualifying military service.

The Board has remanded the case due to the need for a medical examination and additional development of records.

The veteran withdrew his appeal regarding the issue of entitlement to service connection for a skin disability, and thus the case has been dismissed.

The Board found that the veteran's current stomach disorder, including epigastric pain, is not caused by VA's carelessness or negligence in providing treatment for his vagotomy performed in 1988.

The Board denied the veteran's request for waiver of overpayment of Department of Veterans Affairs improved pension benefits in the amount of $33,079.56 due to his intentional failure to report family income accurately.

The Board has determined that the veteran's July 1996 statement in support of claim constituted a timely substantive appeal as to his initial claim for benefits under 38 U.S.C. § 1151, and thus the case must be reviewed on a de novo basis.

The Board has ordered additional development of the veteran's claim for service connection for residuals of a right eye injury, including obtaining medical records from his VA facility and verifying his reserve duty status. The case is remanded to ensure all necessary actions are taken before readjudication can occur.

The veteran's initial claim for a compensable evaluation for chronic orchialgia, status post varicocelectomy, is denied as his disability does not meet the criteria for a compensable rating under VA's rating schedule.

The Board has remanded the case for further development and consideration of the veteran's claim for reimbursement of unauthorized prescription medications purchased from private sources during the calendar years 2004 and 2005. The appeal is currently in a pending state.

The Board found that the veteran's fatigue, as a manifestation of an undiagnosed illness, cannot be service-connected due to lack of objective indicators and because it does not meet the 10% disability threshold required for presumptive service connection.

The Board found no current chronic disability manifested by cough, fever, and night sweats. The veteran's reported symptoms were not supported by objective clinical evidence.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the etiology of the veteran's left hand disability and whether it is related to his service-connected residuals of a fracture of the left forearm.

The Board has determined that the veteran's service-connected disabilities did not cause or contribute substantially to his death. The appellant's claim for DIC benefits under 38 U.S.C.A. § 1318 is denied as there is no evidence showing a causal link between any of her husband's service-connected conditions and his death.