Other conditions decisions — 2011

The Board has determined that the Veteran's eligibility for Chapter 1606 VA education benefits was terminated on November 9, 1990 when he enlisted with the U.S. Army and is therefore denied.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Huron Valley-Sinai Hospital in April and December 2008 was denied as he did not meet the eligibility criteria under VA regulations.

The Board has found that the appellant is not the surviving spouse of the Veteran and this decision is being remanded for scheduling a video conference hearing.

The Veteran's medical expenses for a kidney stone treatment on July 21, 2008 at the Michigan Urology Center were reimbursed as it met the criteria of emergency treatment due to an unavailability of VA facilities and reasonable expectation that delay would be hazardous.

The Veteran's appeal was remanded due to the need for further development, including a VA examination to assess her ability to require aid and attendance or be housebound.

The Board denied the Veteran's claim for eligibility to receive educational assistance under Chapter 30 of Title 38 of the United States Code (Montgomery GI Bill) due to his service not meeting the legal requirements.

The Board has determined that clarification is needed regarding whether prior authorization to transport the Veteran via ambulance to the VAMC on April 4, 2009, and April 13, 2009 was granted. The VA Medical Center (VAMC) must obtain treatment records from relevant facilities.

The Veteran's appeal for a refund of contributions made to convert from the Post-Vietnam Era Education Assistance Program (VEAP) to the Montgomery GI Bill (MGIB) education program was denied as he did not qualify for a refund under applicable regulations.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund, finding that she does not have legal entitlement to receive such benefit as her status is not eligible under the applicable statute.

The Veteran's hidradenitis suppurativa, with active manifestations affecting less than 18% of the total body surface area and no more than 2 facial features affected by gross distortion or asymmetry, warrants a 50 percent evaluation.

The Veteran's claim for Post-9/11 GI Bill education benefits is denied as she does not meet the basic eligibility requirements due to her discharge being under 'General' conditions, which is not an 'Honorable' discharge.

The Veteran served in the Philippine Commonwealth Army as part of USAFFE from September 1941 to January 1946. The appellant is not eligible for VA death benefits because he does not meet the age and eligibility requirements for a child of the Veteran.

The Veteran's annualized countable income exceeds the maximum annual pension rate for nonservice-connected pension with one dependent, thus denying his claim.

The Veteran's unauthorized medical expenses incurred during his private hospitalization from May 15, 2009 to May 20, 2009 are now covered by VA. The Board found that the emergency condition did not stabilize until after the release date.

The Veteran is seeking payment or reimbursement for medical services provided at Waccamaw Community Hospital on October 24, 2008. The case is REMANDED to the VAMC in Charleston, South Carolina for further action.

The Board has determined that the appellant's appeal of his claim for VA educational assistance benefits under Chapter 1606, Title 10, United States Code has been withdrawn prior to a final decision.

The Veteran's child applied for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code. The Board found that the appellant is not eligible for these benefits as he was over 26 years old at the time of his application and did not qualify for an extension due to circumstances beyond his control.

The Board has reopened the appellant's claim for eligibility for VA compensation benefits due to new and material evidence. However, the claim is denied as his service does not render him eligible for VA compensation benefits.

The Veteran's death occurred prior to the issuance of the decision on appeal, and there was no notice of disagreement filed by the Veteran. As a result, the claim for payment or reimbursement cannot be considered.

The Veteran is seeking an earlier effective date for spousal benefits based on his remarriage, but the Board has ordered a remand to search for any documentation of a telephone contact in April/June 2002. The matter also involves the propriety of overpayments from November 2001 divorce to March 1, 2006.