Other conditions decisions — 2008

The veteran died and was buried in August 2000. The appellant filed a claim for nonservice-connected burial benefits more than two years after the veteran's death, which is beyond the statutory deadline of two years from the date of burial. Therefore, the claim is denied.

The veteran does not have a current fungus disability of the bilateral feet and service connection is denied.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for a left leg fracture sustained during a recreational therapy softball game at the Montrose, New York VA Medical Center in August 1985. The case has been remanded to obtain additional medical records and to determine if there are any residual disabilities resulting from this incident.

The veteran's treatment at Blessing Hospital from March 11 to March 15, 2005 was not for a continuing medical emergency and a VA facility was feasibly available to provide the care.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Willis Knighton Health Center in Bossier City, Louisiana, from January 4 to January 9, 2006, was denied because the claim was not filed within 90 days of the date that the veteran was discharged from the facility.

The veteran's emergency medical expenses incurred on July 29, 2005 are eligible for reimbursement as a result of an emergency situation where VA facilities were not feasibly available.

The veteran has withdrawn his appeal for an earlier effective date for the grant of total disability based upon individual unemployability (TDIU) benefits, and the Board dismisses the appeal.

The Board denied service connection for muscle spasm and weakness, memory disorder, and immune system disorder on the basis of an undiagnosed illness. The veteran was not shown to have current conditions that could be attributed to such illnesses.

The veteran withdrew his appeal before the Board could make a decision, thus the case is dismissed.

The Board has remanded the case for further development and examination.

The Board denied the veteran's request for a waiver of recovery of an overpayment of $2,700 in his VA pension benefits due to his concurrent receipt of Social Security Administration (SSA) disability benefits. The decision found that the veteran was at fault for not reporting his SSA income and that requiring repayment would not result in financial hardship or defeat the purpose of VA pension benefits.

The Board has determined that a 40 percent rating is warranted for the veteran's left knee disability prior to July 31, 2001. For the period from December 1, 2001, the veteran's disability does not warrant an increased rating beyond the assigned 40 percent.

The veteran's claim for an earlier effective date for a total disability rating based on individual unemployability (TDIU) is being remanded to the VA's Director of Compensation and Pension Service.

The Board denied service connection for residuals of spinal injuries and declined to reopen the claim for entitlement to service connection for a back condition. The issue of increased rating for arthritis of the right shoulder remains in appellate status.

The veteran is granted special monthly compensation for loss of use of a creative organ due to her service-connected rectal sphincter dysfunction and other disabilities, which resulted in the loss of sensation during sexual intercourse.

The Board has remanded the case for further development, including obtaining VA and private medical records and scheduling a VA examination to determine if the veteran's cataracts may have had their onset in service.

The Board has found new and material evidence sufficient to reopen the claim of service connection for a right elbow disorder. The veteran's pre-existing right elbow disorder is presumed to have been aggravated by active service.

The Board found that the veteran does not have current residuals of frozen feet and denied his claim for service connection.

The Board has determined that the evidence received since the March 1948 rating decision is not new and material, thus denying the veteran's request to reopen his claim of entitlement to service connection for a left inguinal herniorrhaphy.

The Board found that the overpayment of compensation benefits was properly created due to a change in the veteran's marital status. The decision also granted partial waiver of recovery, allowing for $10,010 out of the total overpayment amount.