Other conditions decisions — 2010

The Board denied the appellant's claim for death benefits as the surviving spouse of her deceased husband due to a lack of verified active military service with the U.S. Armed Forces, despite new evidence submitted.

The Veteran's unauthorized medical expenses incurred at St. Mary's Medical Center on July 5, 2008 are approved as the treatment was necessary due to an emergency condition that would have been hazardous if delayed.

The Veteran's claim for an increased rating was granted, effective December 17, 2004. The case is now remanded to obtain updated treatment records and schedule the Veteran for a VA examination.

The Board has determined that the appellant had active military service from October 15, 1955 to June 22, 1956 and therefore meets the requirements for basic eligibility of VA benefits.

The Board denied the Veteran's claim of reopening his previously denied claim for benefits under 38 U.S.C. § 1151 for nerve damage as a result of a hernia operation, finding that new and material evidence had not been submitted.

The Board has determined that the appellant does not have qualifying service as a Veteran and therefore is not eligible for VA benefits.

The Board has ordered a new examination to determine if the Veteran has a right fourth finger disability and whether it is related to his service. The claim will be remanded for further evaluation.

The Board denied the Veteran's claims for service connection for residuals of a head injury and left hand disability, finding no new and material evidence. The Veteran's left foot amputation was not related to military service.

The appellant is not recognized as the Veteran's surviving spouse for VA benefits purposes due to her divorce from the Veteran at the time of his death in April 1991.

The Veteran's claim for service connection for a left hip disorder, including traumatic arthritis, was denied as there is no current disability to relate to his military service.

The Board has reopened the claim of service connection for the cause of the Veteran's death due to meningial carcinomatosis, which is a direct result of his service. The evidence does not meet the criteria for presumptive service connection based on exposure to ionizing radiation or Agent Orange.

The Board has remanded the case for further development to determine if the Veteran's death was related to his active service or any service-connected disabilities.

The Veteran's claims for left leg disorder, dizziness, and bilateral foot disorder were denied. The claim to reopen the fungus of the feet was also denied as no new and material evidence was provided.

The Board found that the termination of payment of the Veteran's Department of Veterans Affairs improved pension benefits effective as of December 14, 2005 was proper due to the appellant being incarcerated for more than sixty days.

The Board determined that the Veteran's BPH did not pre-exist service and was not aggravated by service. Therefore, it denied the claim for service connection.

The Veteran is seeking reimbursement for unauthorized medical expenses incurred at a private facility from May 21, 2005, to May 25, 2005. The VA has denied the claim due to the condition having stabilized and VA facilities being feasibly available.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at the East Jefferson General Hospital from January 29, 2007 to February 7, 2007 was denied as he had coverage under a health-plan contract with Medicare.

The Board granted a delimiting date extension for the appellant's Dependents' Educational Assistance (DEA) benefits to October 30, 2007.

The Veteran's unauthorized medical treatment from April 30, 2005 to May 1, 2005 was for emergent conditions and the Board finds that payment by VA is warranted.

The appellant is not the last-named beneficiary of the Veteran's NSLI policy and is therefore not entitled to the proceeds from such policy.