Other conditions decisions — 2010

The Veteran's active duty service was less than 24 months, and he did not meet the six years of honorable service in the Army National Guard required for home loan benefits. The claim is denied.

The Board has remanded the case to the RO for further development due to new evidence submitted by the appellant. The claim will be readjudicated, and a supplemental statement of the case will be issued.

The Board found that the overpayment of $7,755.60 was validly created due to a fraud scheme perpetuated by sixty Veterans enrolled at Ramon Magsaysay Technological University (RMTU), including the Veteran who is the subject of this decision.

The Board found that the Veteran's cause of death, cardio-respiratory failure and cerebrovascular accident-hemorrhage, were not caused by any incident of service. The claim for service connection was denied as there is no medical evidence showing a link between these conditions and his military service.

The Veteran's unauthorized medical expenses incurred on July 16, 2008 at Chadron Community Hospital were not covered by VA as the treatment was not authorized in advance and did not meet the criteria for reimbursement under applicable regulations.

The Board has ordered a remand to obtain VA examinations for the Veteran's left ear disability and right hand laceration, as well as to determine if there is good cause for his failure to report to scheduled VA examinations. The case will be reconsidered based on the new evidence.

The Board found that the Veteran's service medical records did not contain any objective findings of tongue thrusting, and there is no current diagnosis of a tongue thrusting disability. Therefore, the claim for service connection was denied.

The Veteran's appeal is being remanded for additional development of his hearing loss claim.

The Board denied the Veteran's claim of entitlement to service connection for bilateral foot disorders, finding that the evidence did not support a grant of service connection based on direct service connection.

The Board found that the Veteran's right eye blindness and retinal detachment were not caused by VA surgical treatment, and thus denied compensation under 38 U.S.C.A. § 1151.

The Veteran's appeal was dismissed due to his death, and no jurisdiction remains for the merits of this claim.

The Veteran's need for regular aid and attendance due to her heart attacks, strokes, and other medical conditions has been established. She is granted special monthly pension based on the need for aid and attendance of another person.

The Veteran's claim for special monthly compensation based on the need for aid and attendance of another person is being remanded due to conflicting findings in his examination report.

The Board has determined that the Veteran's polycystic ovarian disease and gallbladder removal are not related to service or any in-service events, including surgery. The preponderance of evidence is against these claims.

The Veteran's claims for service connection for a nervous disorder and a stomach disorder are being remanded due to the need for clarification of whether these disabilities are related to his active military service.

The Veteran's appeal is being remanded due to the need for issuance of a SOC addressing his entitlement to an effective date prior to December 29, 2004, for the award of a permanent and total disability rating for pension purposes. Additionally, he is scheduled for hearings before a VA hearing officer and a Veterans Law Judge sitting at the RO.

The Board found that the effective date for the award of additional compensation for the Veteran's spouse should be September 1, 2005, as evidence of dependency was received within a year of notification of the July 1998 rating action.

The Board has granted service connection for Hodgkin's disease on a presumptive basis due to exposure to herbicides in Thailand. Secondary service connection for basal cell carcinomas and Merkel cancer is also granted as they are related to the Veteran's service-connected Hodgkin's disease.

The Veteran's service connection for dental trauma to tooth number 9 is granted, as the evidence shows that he incurred trauma in service and received treatment.

The Board has remanded the case for additional development due to insufficient information regarding the nature and etiology of the Veteran's current bilateral leg disability and metabolic syndrome.