Other conditions decisions — 2012

The Board has granted service connection for cancer of the left tonsil with metastasis to lymph nodes and lung, as well as residuals of a stroke. The Veteran's cancer is found to be related to his active duty exposure, while his stroke is considered proximately due to or the result of his service-connected cancer.

The Board has determined that the Veteran does not currently suffer from a ratable left hip condition and there is no credible evidence of an in-service injury or incident resulting in such a condition. As such, service connection for a left hip condition is denied.

The Veteran's service connection claim for residuals of a traumatic brain injury, specifically hydrocephalus, was denied as the evidence does not support that his current condition is related to any in-service head injuries or other aspects of his active duty.

The Board has determined that the appellant does not have qualifying active service as a member of the Philippine Commonwealth Army, including in the recognized guerrillas, and thus is denied entitlement to a one-time payment from the Filipino Veterans Equity Compensation Fund.

The appellant's claim for one-time payment from the Filipino Veterans Equity Compensation Fund was denied as she did not have qualifying service with the United States Armed Forces during World War II.

The Veteran's claim for an earlier effective date of April 10, 2009 for the award of special monthly compensation based on the need for aid and attendance has been granted. This decision is based on factual evidence that he met the criteria for aid and attendance benefits as early as April 10, 2009.

The Board has determined that the appellant may not be recognized as the surviving spouse of the Veteran for purposes of establishing entitlement to dependency and indemnity compensation due to a lack of continuous cohabitation.

The Veteran's appeal for TDIU is being remanded to allow the RO to schedule a Travel Board hearing.

The Veteran requested reinstatement of his VA benefits, which had been terminated due to his status as a fugitive felon. The case is being remanded for further development and readjudication.

The Board has determined that the appellant and the Veteran had a deemed valid marriage due to living together continuously for more than one year prior to the Veteran's death, despite Michigan not recognizing common law marriages. Therefore, the appellant is recognized as the surviving spouse of the Veteran for purposes of VA death benefits.

The Veteran's death occurred prior to the enactment of the American Recovery and Reinvestment Act of 2009, which established a one-time payment fund for veterans who served in the United States Armed Forces during World War II. The appellant is not eligible as her husband did not have qualifying service with the U.S. Armed Forces.

The Board denied the Veteran's claim for an effective date earlier than December 1, 2009, for payment of additional compensation for his dependent spouse. The decision stated that the earliest possible effective date was November 3, 2009, and any earlier dates were not supported by evidence.

The Veteran's request for a Travel Board hearing has been granted, and he must be provided an opportunity to present testimony at a Board hearing before the Board may proceed with appellate review.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including in recognized guerrillas, to establish eligibility for benefits from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal is remanded to determine if expenses incurred at the Pueblo Regent Independent Senior Living Community can be deducted as a medical expense for determining his income eligibility for special monthly pension based on the need for aid and attendance. The RO will recalculate the Veteran's income after considering this deduction.

The Veteran's appeal is being remanded for a hearing before the Board at the RO. The claim of entitlement to a total disability rating based on individual unemployability remains pending.

The Veteran's unauthorized medical expenses incurred at a private facility for a non-service-connected condition were denied as the Veteran has Medicare coverage, which constitutes health-plan contract coverage.

The Board found no etiological relationship between the Veteran's bilateral elbow tendonitis and active service, concluding that his current disorder is more likely due to a pre-existing condition or new evidence.

The Veteran's unauthorized medical expenses incurred at a private hospital on September 28, 2010 were not rendered in an emergency situation. The Board found that the evidence did not support reimbursement under either Section 1725 or 1728.

The Board denied the appellant's claim for education benefits under Chapter 35, Title 38, United States Code (Dependents' Educational Assistance Program) for the periods of August 3, 2001 to September 18, 2002, and from June 11, 2003 to May 9, 2004, for the Physician Assistant program at the University of Texas Health Science Center as part of the Bachelor of Science program due to lack of SAA approval.