Other conditions decisions — 2011

The Veteran's appeal for an earlier effective date for special monthly compensation based on need for regular aid and attendance has been withdrawn. The Board also granted entitlement to specially adapted housing due to the anatomical loss of both upper extremities.

The Veteran's appeal is being remanded for further development, including a new VA examination and consideration of the revised rating criteria for traumatic brain injuries.

The Veteran's left and right knee DJD have been rated at 10 percent each, with slight instability of the knees also being granted. The current ratings are considered appropriate given her limited range of motion.

The Veteran's surgeries for liver mass, gall bladder removal, and abdominal wall resection were deemed necessary due to the enlarging size of a previously identified liver cyst. The VA did not find fault in these procedures.

The Veteran's appeal on the issue of service connection for a disability related to Agent Orange exposure has been withdrawn. The claim of entitlement to service connection for asbestosis is dismissed due to lack of evidence supporting asbestos exposure in service.

The Board denied the appellant's claim for eligibility to non-service connected pension benefits due to a lack of qualifying service, as his period of active duty was less than 90 days and he did not have a service-connected disability at discharge. The appeal is dismissed.

The Board has determined that additional development is needed to determine if the Veteran's current lung condition, including a granuloma, is related to his in-service asbestos exposure. The case is therefore being remanded for further action.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that she was not married to him at the time of his death and thus did not meet the legal requirements for such status.

The Board has determined that the overpayment of $14,271.16 was improperly created due to the Veteran's status as a fugitive felon and restored his VA compensation benefits for the period from October 6, 2006, to March 31, 2007.

The Board has remanded the case due to a need for VCAA-compliant notice and additional development of evidence.

The Veteran's claim for waiver of an overpayment of disability compensation benefits was denied because the debt was created due to his failure to notify VA of his divorce, which resulted in him receiving additional benefits he was not entitled to. The Board found that little fault lay with VA and that recovery would not create undue hardship or defeat the purpose of the program.

The Veteran's appeal for service connection for diverticulitis and colitis, as well as rheumatoid arthritis, was granted. The initial rating assigned is 10 percent effective from June 1, 2008.

The Veteran's appeal is being remanded to obtain his complete service personnel records and any VA claims files, including the term of years he committed to when he first entered onto active duty and the reasons for his 'unsuitability' discharge. The claim will be readjudicated based on 38 U.S.C.A. � 3011(a)(1)(A)(ii); 38 C.F.R. � 21.7042(a)(5).

The Board finds that the overpayment of nonservice-connected pension benefits in the amount of $12,281.20 is invalid due to administrative error on VA's part and the Veteran was unaware of the erroneous payment.

The Veteran's appeal for an increased rating for his right distal humerus fracture was granted, but the initial assigned rating of 20 percent is maintained. The VA examiner found that the Veteran had limited flexion to 90 degrees and extension to 45 degrees, warranting a separate compensable rating based on limitation of extension.

The Veteran's claim for service connection for tonsil cancer due to Agent Orange exposure is being remanded as the RO needs to schedule a Travel Board hearing at the earliest available opportunity.

The Veteran's appeal is being remanded to the RO in Indianapolis, Indiana for scheduling a videoconference hearing before a Veterans Law Judge.

The Board dismissed the appeal due to the Veteran's death, as it has no jurisdiction to adjudicate the merits of the claim.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from December 12 to 13, 2008, at Lancaster Community Hospital in Los Angeles, California is denied as he does not meet the eligibility criteria under VA regulations.

The Board denied the appellant's claims for payment or reimbursement of unauthorized medical expenses incurred at Blake Medical Center on February 5, 2009 and from February 8 to February 11, 2009. The reasons were that the claims were not filed in a timely manner (within 90 days after the treatment) and did not meet the criteria for reimbursement under the Veterans Millennium Healthcare and Benefits Act.