Other conditions decisions — 2010

The Board has reopened the Veteran's claim for service connection due to new and material evidence submitted, including opinions from private physicians linking her current condition to service. The preponderance of the evidence supports finding that her left atrial myxoma was present in service.

The Veteran's appeal is being remanded for further evaluations and readjudication due to the need for new examinations.

The Veteran's claim for an increased evaluation in excess of 30 percent for his service-connected postoperative retinal separation of the left eye with diplopia is being remanded due to the need for a more recent VA examination and updated private treatment records.

The Veteran's appeal is remanded due to the need for additional VA examination and treatment records.

The Board found that the Veteran did not timely provide information regarding his dependents, specifically his eldest son L.P. and daughter I.P., after they turned 18 years of age or when they started college. As a result, he is denied additional compensation for these children.

The Veteran's brother, adopted by the Veteran in April 2007 and living with him during his military service at Fort Campbell, Kentucky, from January 1980 to July 1983, is recognized as a dependent 'helpless child' for VA compensation purposes due to permanent incapacity for self-support prior to attaining the age of 18 years.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at a private hospital on July 7, 2007 is granted as the VA facility was not feasibly available and an attempt to use it before hand would have been considered reasonable by a prudent layperson. The Veteran had other health coverage.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be returned to the Appeals Management Center (AMC) in Washington, DC.

The Board denied the Veteran's claim for an earlier effective date for the grant of nonservice-connected disability pension benefits, finding no evidence prior to April 15, 2008 that indicated a formal or informal claim for such benefits.

The Veteran's emergency medical services provided during April 16-18, 2007 were covered by Medicare. Since the appellant did not submit a claim within 90 days of the treatment and Medicare denied payment, VA cannot provide reimbursement.

The Board has remanded the case due to incomplete development, including a lack of verification of herbicide exposure in Thailand and proper VCAA notice.

The Board denied the appellant's claim for an effective date prior to June 25, 2001 for the grant of DIC benefits. The earliest reference to a DIC claim was received on June 25, 2001.

The Veteran's claim for payment or reimbursement of medical expenses incurred at a private hospital from November 7, 2008, to November 9, 2008 is denied because he has Medicare coverage which precludes the payment.

The appellant's service records were reviewed, and the National Personnel Records Center (NPRC) certified that he did not have any service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces during World War II. As a result, he is not eligible for benefits from the Filipino Veterans Equity Compensation Fund.

The appellant does not have qualifying service with the United States Armed Forces and therefore is not eligible for the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has remanded the case due to insufficient VA medical opinion and incomplete records, including private medical records from Dr. Dana Battles and EMS/Police reports.

The appellant's service was not verified by the National Personnel Records Center, leading to a denial of his claim for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal is remanded for further development, including obtaining private medical records and scheduling a VA psychiatric examination.

The Board found that the Veteran's preexisting gastrointestinal disorder with gastritis was not aggravated by service beyond its natural progression, and thus denied his claim for service connection.

The Board has determined that the appellant does not meet the basic eligibility criteria for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of qualifying service.