Other conditions decisions — 2011

The Board has determined that the evidence presented does not qualify as new and material, thus denying the request to reopen a claim for non-service-connected death pension benefits.

The Board has reopened the Veteran's claim for service connection of a left hip disorder, but finds that further development is needed to determine if his current condition was aggravated by military service.

The Board found that the appellant's father did not have qualifying service in the U.S. Armed Forces for VA death benefits, and therefore denied the claim.

The Veteran's Raynaud's phenomenon is rated at 40 percent effective October 7, 2009. Prior to that date, the disability was rated as 20 percent.

The Veteran's claims for educational assistance benefits under the Montgomery GI Bill (MGIB) and Veterans Educational Assistance Program (VEAP) have been denied as he did not meet the eligibility criteria.

The Board granted DIC benefits and established an effective date of October 1, 1952 for the Veteran's service-connected disabilities.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private facility on March 14, 2009 was denied as the services were not rendered in an emergency situation and no VA facilities were feasibly available.

The Board has granted the Veteran's claim for service connection for idiopathic fibrosing mediastinitis, finding that new and material evidence was submitted to reopen his previously denied claim. The Veteran's current condition is found to be related to his active military service.

The Board found that the Veteran's death was not caused by a service-connected condition, and thus denied the claim for service connection for the cause of the Veteran's death.

The Veteran's request for a waiver of the overpayment of $22,983.00 in nonservice-connected pension benefits was denied by the Board as there was no fault on VA's part and recovery would not be against equity and good conscience.

The Board denied the Veteran's request to revoke her election of educational assistance under Chapter 33 in lieu of benefits under Chapter 30, finding that she did not acknowledge that the election was irrevocable.

The Board determined that an overpayment of attorney's fees was created when the appellant received additional funds ($2,319.00) for which he was not entitled, and this amount must be returned.

The Board has remanded the case due to disagreement with the denial of service connection for the cause of the Veteran's death. The effective date for the grant of death pension benefits is May 15, 2009.

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to prior forfeiture of benefits based on fraud.

The Veteran's unauthorized medical expenses incurred at Providence Regional Medical Center Everett from June 12 to June 15, 2009 were denied as he was not enrolled in the VA healthcare system within the 24-month period preceding this treatment.

The Veteran's appeal is remanded due to inconsistencies in the medical evidence regarding whether his Lyme disease is currently active. The Board requests a VA examination to determine the current nature and severity of his Lyme disease, including whether it is currently active.

The Veteran's eligibility for educational assistance under Chapter 1606, Title 10, United States Code was terminated due to her discharge from the Army Reserve on August 15, 2003. The Board denied the claim as she does not meet the eligibility requirements set by DOD.

The Veteran's claim for service connection for a skin disorder, including melanoma and basal cell carcinoma, was denied as there is no evidence linking the condition to his presumed exposure to herbicides in Vietnam or sun exposure during service. The Board found that the Veteran did not meet the criteria for presumptive service connection based on Agent Orange exposure.

The Board found that the Veteran's treatment at Edward John Noble Hospital was not for an emergency and denied reimbursement.

The Board has determined that the Veteran's tardive dyskinesia does not manifest in impairment of cranial nerves III and IV, causing disability of his eyes. Therefore, an additional rating for diseases of the eye as due to impairment of cranial nerves III and IV resulting from tardive dyskinesia is denied.