Other conditions decisions — 2014

The Veteran's overpayment of $9,112.30 was created due to his status as a fugitive felon during the period when he had an outstanding warrant issued by South Carolina. The Board finds that repayment would violate principles of equity and good conscience.

The Veteran's daughter, the appellant, sought accrued benefits for stopped special monthly pension payments. However, she is not eligible as a surviving child and did not bear the expense of last sickness and burial.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of $3,000 in VA education benefits. The decision found that recovery would not be against equity and good conscience.

The Veteran's widow received a payment of $1,370.00 in May 2009, but her estate is now seeking an additional $311.00 based on the initial calculation minus payments made so far. The Board finds insufficient explanation and requires clarification.

The Veteran's current skin disorder, diagnosed as multiple lipomas, is not shown to have had its onset in service and is not shown to be related to his active military service. The claim for sterility was examined but the VA examiner did not provide a clear opinion regarding whether it is related to service.

The Veteran's death was not service-connected, and he did not meet the criteria for burial benefits as his body is not being held by a State and he died at a private residence. The appeal is denied.

The appeal is currently in a remanded status due to the need for scheduling a videoconference hearing. The service connection issue remains unresolved as it does not pertain to any specific conditions or exposure basis.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a non-VA medical facility on June 24, 2010 is granted. The Board found that the criteria were met due to the Veteran presenting in an emergency situation and VA facilities being feasibly unavailable.

The Veteran's unauthorized medical expenses incurred at the MRMC from July 25, 2011 to July 26, 2011 are granted as reasonable doubt must be resolved in favor of the appellant.

The Board found that the Veteran's metastatic adenocarcinoma, which caused his death in 1999, was not related to service or any service-connected condition.

The Board found that the Veteran's service-connected conditions, including his fracture of the right zygoma, did not cause or contribute to his fatal cerebellar hemorrhage. The medical opinion provided by VA indicated no causal connection between the service-connected condition and the death.

The Board has granted service connection for ALS affecting the cervical and lumbosacral spine with a 20 percent evaluation, effective April 6, 2009. The Veteran's appeal regarding earlier effective dates is remanded due to the need for additional medical records.

The appeal is being remanded due to the hearing officer's departure and the appellant requesting a Travel Board hearing.

The Board has granted service connection for residuals of syringomyelia, including numbness of the right hand and bilateral lower extremities. The Veteran's original claim for secondary service connection is now moot as his service-connected condition encompasses all claimed symptoms.

The Board found no evidence of a chronic blood disorder or mycoplasma infection, and thus denied the appellant's claims for service connection.

The Veteran withdrew her appeal regarding the denial of payment or reimbursement for unauthorized medical expenses incurred at Newark Wayne Hospital on June 26, 2013, pursuant to the Millennium Bill Act.

The Board found that the Veteran's chronic dumping syndrome did not worsen during his military service and was due to its natural progression. Therefore, it denied the claim for service connection.

The Veteran's claim for service connection for a stomach disorder was denied as there is no current evidence of such a condition, and the Board finds that he does not currently have this disability.

The Veteran's current eye disabilities are not caused by the October 2005 VA trabeculectomy surgery and related treatment, as determined by VA medical opinions. The claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Veteran withdrew his appeal of the overpayment claim, leading to its dismissal.