Other conditions decisions — 2013

The Veteran seeks service connection for left elbow tendonitis. The Board has determined that a VA examination is needed to determine the nature and etiology of his diagnosed condition, as well as whether it is related to military service or any other service-connected disabilities.

The Board found that the cause of the Veteran's death (acute myocardial infarction due to or as a consequence of coronary artery disease) was not related to his service-connected Raynaud's phenomenon, and thus denied entitlement to service connection for the cause of the Veteran's death.

The Veteran's death was not service-connected, but the appellant received burial benefits due to his application and payment of funeral expenses.

The Board has remanded the case for further development, including obtaining complete Reserve personnel and service treatment records, scheduling a VA examination to determine the nature, extent, and etiology of the appellant's bilateral Dupuytrens Contracture, clarifying any relationship between the ganglion cyst of the left palm and the current condition, and developing the issue of service connection for a ganglion cyst of the left hand.

The Veteran's claims for traumatic brain injury and gastrointestinal disorders are granted, with the diagnoses being directly related to service.

The case is being remanded for additional development, including obtaining medical records and scheduling a VA examination. The appellant's claim will be reconsidered after the development.

The Veteran's overpayment of VA NSC pension benefits in the amount of $4,635.00 was properly created due to a failure to provide income information for his spouse during a period when he was receiving benefits. The Board found that the creation of this overpayment was valid and not the result of fraud or bad faith on the part of the Veteran.

The Board has determined that the appellant's deceased husband did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he does not meet the basic eligibility requirements for VA benefits.

The Veteran's claim for payment of unauthorized medical expenses incurred at EMH Regional Medical Center on October 10, 2009 was not filed within the required 90-day period after discharge and is therefore denied.

The Board denied the appellant's claim for a one-time payment from the FVEC fund due to her deceased husband having recognized service but not meeting the legal requirements for eligibility under the American Recovery and Reinvestment Act.

The VA Board found that the Veteran's current visual disorders are not caused by his service-connected diabetes mellitus, type II.

The Veteran's appeal has been dismissed due to his death. The claims for compensation under 38 U.S.C.A. § 1151 and SMC based on aid and attendance have become moot.

The case is being remanded for further action regarding the warrant and potential OIG coordination. The appeal will be returned to the Board after compliance with these actions.

The Veteran's claims for payment or reimbursement of unauthorized medical expenses incurred during hospitalizations at Munroe Regional Medical Center from August 11, 2010 to August 12, 2010 and March 23, 2011 have been denied as the Veteran has Medicare Part A insurance which is a bar to payment by VA.

The appellant's late husband did not file a claim for the one-time payment from the FVEC Fund prior to his death. As such, she is not eligible to receive any payments on his behalf.

The appellant is not eligible for a one-time payment from the FVEC Fund as she did not serve in the Armed Forces of the United States during World War II and her deceased spouse died before the enactment of the American Recovery and Reinvestment Act of 2009.

The Board found that the Veteran's benign essential tremor, bilateral upper extremities, did not manifest during service or within one year after discharge and is not otherwise causally related to service. Therefore, the claim for service connection was denied.

The Board has granted non-service-connected death pension benefits with an additional allowance for aid and attendance from July 1, 2011, through August 31, 2012, based on the appellant's need to live in a protected environment due to her medical condition.

The Veteran has been shown to have multiple basal cell carcinomas that are related to his military service, and the Board finds there is at least an approximate balance of positive and negative evidence raising a reasonable doubt as to whether the cancer began in service due to sun exposure. As such, service connection for multiple basal cell carcinomas is granted.

The appeal has been withdrawn by the appellant's authorized representative before a decision was made.