Other conditions decisions — 2008

The Board has determined that the veteran's service-connected fractured right mandible does not warrant an initial compensable evaluation, as there is no evidence of chronic osteomyelitis or loss of substance of the mandible. The veteran's teeth were lost due to periodontal disease and not related to his in-service fracture.

The veteran's claim for an effective date prior to June 4, 2004, for the grant of NSC pension benefits was denied as there is no basis presented to grant such a retroactive award.

The Board has granted an extension of the temporary total disability rating for treatment of service-connected residuals of a dislocated left elbow with radial head fracture and lateral epicondylectomy, effective from May 4, 2004, to December 31, 2004.

The veteran's service is not considered active duty during a period of war, and therefore he does not meet the threshold requirements for VA nonservice-connected pension benefits.

The veteran's claim for an increased evaluation of his left elbow fracture is being remanded due to the need to obtain VA treatment records and arrange for a VA examination.

The VA determined that the veteran's service-connected gastrointestinal disability, which includes acid peptic disease with reflux esophagitis, hiatal hernia, and esophageal stricture, does not warrant a rating in excess of 40 percent.

The Board has remanded the case due to missing VA treatment records and failure to issue a supplemental statement of the case for new evidence received after previous statements of the case.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of a T-12 fracture with surgery performed at the Medical University of South Carolina in January 2003 was denied as there is no evidence that the disability resulted from carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Board has determined that the overpayment of $10,330 in nonservice-connected pension benefits was validly created due to the veteran's failure to report his wife's Social Security Administration income. The claim for waiver of recovery is denied as there is no indication of fraud, misrepresentation, or bad faith on the part of the veteran.

The Board found that the overpayment of VA educational assistance benefits was not validly created, and thus allowed the veteran's appeal.

The Board denied the appellant's claim for VA death benefits due to a lack of qualifying service, as determined by the Department of Army.

The veteran's claim for a compensable evaluation for his bilateral defective hearing is remanded due to the need for a contemporaneous examination. His claim for tinnitus, which he testified about during his hearing, is not currently before the Board.

The Board has determined that the veteran's cognitive disorder is not related to his active service and therefore denied his claim for service connection.

The Board found that the veteran's bilateral blindness is not a result of any established event, injury, or disease during active service. The evidence does not support a finding of direct service connection.

The Board has determined that the veteran did not meet the service requirements for death pension benefits due to his short period of active duty and because he was not discharged or released from service for a service-connected disability. The RO is instructed to obtain official documentation of the veteran's dates of service, request any additional evidence from the appellant, and then readjudicate the claim in light of all pertinent evidence.

The Board denied an increase in the veteran's rating for peptic ulcer disease, which was initially rated at 20 percent. The veteran argues that this decision contained CUE.

The veteran's unauthorized medical expenses incurred at Fawcett Memorial Hospital from July 17, 2005 to July 20, 2005 are now eligible for reimbursement due to the presence of a medical emergency and the lack of feasible availability of VA facilities.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on April 3, 2005 was denied because the emergency room visit did not meet the criteria for an emergency situation as per VA regulations.

The Board dismissed the appeal as there is no case or controversy over which it has jurisdiction due to a previous final rating decision on an earlier effective date for TDIU.

The Board has determined that a timely Notice of Disagreement was filed regarding the December 1994 administrative decision. The case is now remanded for readjudication and issuance of a supplemental statement of the case.