Other conditions decisions — 2009

The Board has determined that new and material evidence has been submitted to reopen the claim of whether the character of the appellant's discharge from service is a bar to VA benefits. The appellant was found not insane at the time he committed offenses resulting in his AWOL status, which constitutes a dishonorable discharge. However, the appellant may have been insane at the time of committing the offense that resulted in his AWOL status, potentially lifting the bar to eligibility for VA benefits.

The Board denied the appellant's claim for basic eligibility for VA death benefits due to lack of service in the United States Armed Forces.

The appellant is not eligible for non-service-connected death pension benefits as she does not meet the legal requirements of being a surviving spouse.

The Veteran's appeal for the validity of a compensation overpayment in the amount of $11,438.90 has been withdrawn by his authorized representative before the Board could make a decision.

The Veteran's claim for payment or reimbursement of private medical expenses for a colonoscopy at HSMH on May 11, 2006 was denied as the services were not pre-authorized and did not meet the eligibility criteria under 38 U.S.C.A. § 1725.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at North Florida Regional Medical Center from March 10, 2004, to March 12, 2004 is denied as he was not enrolled in the VA healthcare system during the preceding 24 months and no VA facility was feasibly available.

The Veteran's lung condition is being remanded for further evaluation due to the need for a VA examination and additional development of evidence.

The Veteran seeks an effective date prior to October 30, 2006 for separate 30 percent ratings for residuals of a cold injury to the right foot and left foot. The Board finds that he is not entitled to such an earlier effective date due to lack of a formal or informal claim within one year before his increased rating claim was received.

The Board has granted a waiver of recovery for the overpayment of nonservice-connected death pension benefits in the amount of $26,878 due to financial hardship and unjust enrichment.

The appellant is not recognized as the Veteran's surviving spouse for VA benefit purposes due to her divorce from the Veteran prior to his death.

The Veteran is seeking reimbursement for unauthorized medical expenses incurred at St. Mary's Medical Center in Huntington, West Virginia from March 7 to March 16, 2007. The VA Medical Center (VAMC) has determined that the Veteran was stable enough post left heart catheterization on March 7, 2007, to defer coronary artery bypass grafting and could have been transferred to a VAMC's cardiac surgery center. However, the transfer from Logan Regional Hospital was declined and the Veteran was then transferred to St. Mary's Medical Center.

The Veteran's claim for service connection for a neurological condition of the left toes is being remanded due to issues with the June 2005 VA examination. The Court found that the Board erred in accepting the examiner's opinion as adequate, and requested an appropriate examination consistent with the directives of the Court.

The Board found that the Veteran's complaints of fatigue and insomnia did not manifest during active service or to a compensable degree within one year after separation, and thus denied his claim for service connection.

The Veteran's appeal for service connection for a dental condition, to include as secondary to his service-connected allergic rhinitis, is denied.

The Veteran's request for a waiver of recovery of an overpayment of VA nonservice-connected pension benefits in the amount of $32,508 was denied due to his willful misrepresentation of income.

The Veteran's daughter seeks an earlier effective date for DEA benefits, but the Board finds that the claim is denied as there are no earlier claims and the current effective date of November 21, 2001 is correct.

The Board found that the Veteran's debt of $21,644.47 was validly created due to fraudulent activities at Ramon Magsaysay Technical University (RMTU), where Veterans were enrolled in a program of education but did not attend classes as required.

The Veteran's appeal is remanded for a new examination to assess the severity of his pilonidal cyst and whether it causes limitation of motion. The RO must also ensure proper VCAA notice has been provided.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for a chronic gum disorder claimed as secondary to VA medical treatment is being remanded due to the need for additional development of his claims file.

The Veteran's right forearm injury, status-post surgical repair, is manifested by severe limitation of motion, loss of joint, instability, pain and stiffness. The Board has determined that the criteria for a 30 percent disability rating have been met.