Other conditions decisions — 2010

The Veteran's request for a waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $39,445.34 was found to be timely and the appeal is granted.

The Board has determined that the case should be returned to the RO for a full audit of the Veteran's account, including military retirement benefits received during the period under appeal and consideration of concurrent receipt of military retirement pay and VA disability benefits pay. The Veteran will also receive notice on the laws and regulations governing overpayment creation and waiver.

The Board has denied the Veteran's claim for service connection for residuals of an injury to the 10th rib as there is no current diagnosis and the single incident during service did not result in a chronic condition.

The Board has determined that new and material evidence was presented to reopen the claim of service connection for a low back disorder, including spondylolisthesis at L5-S1. The Veteran's pre-existing condition worsened due to her working conditions during her second period of active military service.

The Board has determined that the Veteran's right inguinal hernia did not have onset in service and is not otherwise etiologically related to his active service. Therefore, the claim for service connection for status post right inguinal hernia repair is denied.

The Board found that the Veteran's hysterectomy and subsequent residuals are not attributable to her service-connected disability, and thus denied both her claim for service connection and her request for a temporary total evaluation based on convalescence.

The Board has granted service connection for RSDS as secondary to bilateral navicular stress fractures, finding that the Veteran's RSDS is proximately due to her service-connected bilateral navicular stress fractures.

The Veteran's unauthorized medical expenses incurred on November 11, 2005 were not for emergency services and VA facilities were available. Therefore, the claim for payment or reimbursement was denied.

The Veteran's claim for an earlier effective date for accrued benefits under 38 U.S.C.A. § 1805 was denied as there is no legal basis for the claim.

The Board denied the Veteran's request for waiver of recovery of an overpayment of VA compensation benefits in the amount of $2,100. The decision found that the debt was not against equity and good conscience.

The Board denied the Veteran's request for a waiver of overpayment of VA nonservice-connected pension benefits in the amount of $12,007.76 due to his failure to report earned wages and act with bad faith.

The VA compensation examination did not find any swelling, dry and scaly, or serous discharge requiring frequent and prolonged treatment for the Veteran's bilateral otitis externa with Eustachian tube dysfunction and headaches. Therefore, his claim for a higher disability rating is denied as there are no objective indications of the required symptoms.

The Veteran's unauthorized medical expenses incurred at a private hospital for localized cellulitis to the posterior scrotum and abscess to the groin are granted as they were rendered in a medical emergency of such nature that delay would have been hazardous to life or health, and treatment at a VA facility was not feasibly available.

The Board has determined that the Veteran's overpayment of VA Montgomery GI Bill benefits in the amount of $122.50 was not properly created, and thus grants the appeal.

The Board denied the appellant's claim for reimbursement of unauthorized medical expenses incurred at Providence Hospital from June 29, 2006 to July 6, 2006 due to lack of prior authorization and because VA facilities were feasibly available.

The Board dismissed the appeal due to withdrawal by the appellant.

The Board found that the Veteran's current right second toe disability is not linked to his active duty service and denied his claim for service connection.

The Board found that the plastic object removed during the March 2004 VA colonoscopy was not consistent with equipment used in the procedure and less likely as not caused by the VA treatment. The small bowel obstruction resulting from the foreign body was considered a natural progression of Crohn's disease, and the Veteran did not provide evidence showing that the event was unforeseeable.

The Veteran's large incisional hernia in the left upper quadrant is found to be a result of an unforeseeable event during VA treatment, and thus compensation benefits under 38 U.S.C.A. § 1151 are granted for this disability.

The Veteran's service-connected low back disability is currently evaluated at 20 percent, but the Board finds that it does not warrant a higher evaluation based on the current evidence of record.