Other conditions decisions — 2013

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling examinations to assess the nature and etiology of his service-connected conditions.

The Board has determined that the Veteran's skin disorder is service-connected and granted service connection based on new evidence submitted since his last denial.

The Board found that the Veteran does not have a current disability related to bladder and urinary problems, thus denying her claim for service connection.

The Veteran's death was less than one year after the appellant and the Veteran were married under New York State law. The appellant is not recognized as the surviving spouse for purposes of receiving DIC benefits due to lack of a valid marriage in accordance with New York State law.

The Board has reopened the Veteran's claim for service connection for a deviated nasal septum, but the underlying issue of whether this condition was aggravated by service is still pending. The decision on that issue will determine if the Veteran can be granted service connection.

The Veteran requested to withdraw his appeal regarding the reimbursement for unauthorized medical expenses incurred from May 19, 2008 through May 20, 2008 at St. Luke's Regional Medical Center.

The Board has reopened the claim for service connection for amblyopia and strabismus of the right eye due to new evidence showing that these conditions worsened during military service. The Veteran's pre-existing condition was aggravated beyond its natural progression.

The Veteran's myasthenia gravis was not shown to have had its onset in service or within one year thereafter, and there is no evidence linking the condition to his military service or any exposure to chemicals. The Board therefore denies the claim for service connection.

The Board denied the claim for benefits under 38 U.S.C.A. § 1815 for a child born with birth defects because the appellant's mother is not shown to be a Vietnam veteran, and therefore, VA law does not authorize payment of such benefits.

The Veteran's claim for non-service-connected disability pension benefits was granted effective from August 4, 2009. The SSA found the Veteran disabled since June 15, 2005.

The Board found no evidence to support service connection for a penis/urethra disorder, tendinitis of the right elbow, or tendinitis of the left elbow. The Veteran's current conditions are not shown to have originated during his military service.

The Veteran's apportionment of VA compensation benefits was stopped in May 2007 due to child support payments. The Board has ordered additional development including obtaining a child support payment history and any decision from the Illinois Department of Healthcare and Family Services.

The Board found that new and material evidence had not been received to reopen the claim for compensation under 1151, as the appellant's additional finger disability was already established at the time of the October 2006 rating decision. The appeal is considered 'mixed' due to the reopening issue.

The Board has granted a waiver of recovery for the overpayment of nonservice-connected disability pension benefits in the amount of $28,859.00 due to unjust enrichment and undue hardship.

The Board determined that the appellant cannot be recognized as the Veteran's surviving spouse due to a discrepancy between her claim and the official death certificate.

The Veteran's daughter is not eligible for a one-time payment from the FVEC Fund due to her status as a non-surviving spouse and because the Veteran did not file a claim within the required timeframe.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the Veteran for purposes of VA death benefits due to a lack of one-year marriage prior to his death.

The Board has reopened the Veteran's claims for service connection for patellofemoral syndrome of both knees, but is remanding them to further develop and consider the underlying merits.

The Veteran is seeking payment or reimbursement for unauthorized medical expenses incurred by Transcare Medical Transportation Services on March 4, 2010. The case has been remanded due to legal criteria inadequately considered in the previous decision.

The Veteran's claim for payment of private medical expenses incurred at the Nebraska Medical Center on July 19, 2009 is granted as there was no feasible VA or Federal facility available and attempting to use VA facilities beforehand would not have been reasonable.