Other conditions decisions — 2011

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during treatment at Northridge Hospital Regional Medical Center on February 17-18, 2008 is being remanded to the VAMC for further development and consideration.

The Veteran's service-connected hammertoes have been granted initial noncompensable evaluations. Separate 10% evaluations have been assigned for each side of his feet, based on the presence of hammertoes in multiple toes.

The Board has determined that the overpayment of compensation benefits in the amount of $3,228 was due to sole VA administrative error and not with the payee's knowledge. Therefore, the assessed debt is not valid.

The Veteran's eye disability is being remanded for additional development, including verification of his service in the Korean DMZ and a new VA examination to assess its etiology.

The Board denied the Veteran's claim for special monthly pension or compensation for the aid and attendance of his spouse, finding that he does not have any established service-connected disabilities and thus is not entitled to compensation under 38 U.S.C.A. § 1114.

The Board has decided to remand the case for further development regarding the Veteran's radiation exposure and service connection claim.

The Board has ordered a remand due to the need for additional development, including obtaining VA treatment records and scheduling an examination. The Veteran's claim of service connection for esophageal spasm with chest pain is currently pending.

The Board denied the waiver of recovery of an overpayment of Dependency Indemnity Compensation (DIC) benefits in the amount of $2,812.28 due to lack of fraud, misrepresentation or bad faith on the part of the appellant.

The appeal has been dismissed due to the death of the appellant.

The Veteran's esophagogastric junction adenocarcinoma was not incurred in or aggravated by active duty military service, including herbicide exposure; nor may it be presumed to have been incurred therein.

The Veteran's cystic lesion, status post removal, of the left femoral neck is currently rated at 10 percent. The Veteran's left fibular arthralgia, status post excision, is currently rated as noncompensable.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for residuals of upper and lower spine injuries, including arthritis. However, it is unclear whether these conditions are related to service.

The Board found that the Veteran's death was not caused by VA medical treatment and did not result from fault on the part of VA. The Appellant's claims were denied.

The Board has determined that the Veteran's service connection claim for a disability involving his left lower extremity is granted, with no specific rating assigned and no effective date provided. The decision also addressed the issue of service connection for a low back disorder but found it not at issue due to the Veteran addressing only his left lower extremity issues in his appeal.

The Board has determined that the appellant did not file a timely notice of disagreement within the required 60-day period following the October 2006 denial letter, and thus dismissed her appeal.

The Veteran's appeal has been dismissed due to his death, and the Board does not have jurisdiction to adjudicate the merits of this claim.

The Board has reopened the Veteran's claim of entitlement to service connection for laryngeal carcinoma and finds that new and material evidence has been submitted. The claim is now remanded for further development.

The Board has determined that the reduction of the Veteran's non-service-connected pension benefits due to counting of wages was proper, and thus denied the appeal.

The appellant's eligibility for educational assistance benefits under the MGIB-SR program was denied because he was no longer participating in the Selected Reserves and his eligibility expired in March 2005.

The Veteran was awarded a permanent and total disability rating based on service-connected disability, effective June 28, 2006. The appellant is the spouse of this Veteran and has previously received 45 months of Dependents' Educational Assistance benefits under Chapter 35 as a dependent of her father. She is now seeking additional education benefits for herself. However, she does not meet the criteria due to having already exhausted her entitlement.