Other conditions decisions — 2008

The veteran's claim for eligibility for VA benefits based on his military service is being remanded due to the need for proper notice under new and material evidence criteria.

The veteran's appeal for an effective date prior to August 1, 2006 for additional compensation for a dependent spouse was denied as he did not submit the necessary information within one year of receiving notification.

The Board found that the appellant's debt to the United States Government, resulting from an overpayment of death pension benefits, was properly created due to her failure to report her earned income.

The Board denied the veteran's claim for an earlier effective date for service connection of his left hip condition, finding that no formal or informal claim was received prior to June 28, 2005.

The Board has determined that the appellant's original claim for DIC benefits was abandoned, and her reopened claim on July 24, 2006 is the basis for the effective date of August 1, 2006.

The veteran seeks to reopen his claim of entitlement to service connection for a gastric ulcer. The RO previously denied the application on the basis that he had not submitted any new and material evidence. The case is being remanded due to insufficient notification, lack of private hospital treatment records, and the need for further development.

The Board found that the veteran's subjective complaints of dizziness, failing eye sight, loss of coordination, memory loss, cognitive impairment, loss of concentration, and headaches are without underlying pathology. Therefore, service connection for residuals of a head injury was denied.

The Board denied the appellant's claim for accrued benefits based on additional allowance payable for dependants prior to her husband's death, finding that there was no legal entitlement due to the absence of a pending claim or existing rating at the time of his death.

The Board denied the appellant's claims for accrued benefits and nonservice-connected death pension benefits due to a lack of legal merit or entitlement under the law.

The Board denied reimbursement for unauthorized medical expenses due to the veteran's shortness of breath, finding that his condition was not emergent and did not meet the criteria for reimbursement under VA regulations.

The Board has determined that the veteran's treatment at Charles A. Cannon Jr. Memorial Hospital was not authorized in advance and he is not service-connected for any disability, thus denying his claim for payment or reimbursement of unauthorized medical expenses.

The Board has remanded the case for further development due to incomplete examination and lack of compliance with previous instructions.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for post-operative left wrist disability and an anxiety disorder resulting from a lipoma excision in June 1998. The VA has not adequately addressed whether the veteran's current conditions are due to the surgery or if they are the natural progression of his disease.

The veteran's claim for an increased rating for his service-connected bilateral visual field constriction with diplopia of the right eye and residuals of a right eye injury due to medial rectus entrapment is being remanded for further development, including scheduling a VA examination and providing VCAA notification.

The appellant's income exceeds the maximum allowable limit for receiving VA non-service-connected pension benefits, and her claim is denied.

The Board denied the veteran's claim for service connection for basal cell carcinoma of the left thigh, finding that there was no evidence linking the condition to his time in service.

The Board has granted service connection for a schizoaffective disorder, finding that the veteran's symptoms began within one year of his separation from service and are presumed to have been incurred therein.

The Board denied service connection for a disorder affecting the great toes of the feet and a right leg disorder, finding no evidence of current disabilities or link to service.

The Board denied the veteran's claims for service connection due to lack of evidence showing a current disability and no in-service incurrence or exposure.