Other conditions decisions — 2014

The Veteran's claim for treatment in the VA health care system without a co-payment requirement is being remanded due to the need for additional development of his claims, including obtaining supporting documentation from members of his investment club.

The Veteran's appeal is remanded to determine the current nature and severity of his service-connected right little finger disability, including any interference with other digits or hand function.

The Board has determined that additional development is needed to address the Veteran's claim for service connection for arthritis of the neck with nerve impingement, including whether his cervical spine disability is permanently worsened by his left shoulder disability. The case will be returned to the AOJ for further action.

The Veteran's appeal is remanded due to the need for a new VA examination and additional VA treatment records, as well as VCAA notice regarding effective dates.

The Veteran was initially found to be entitled to a total rating based on individual unemployability (TDIU) due to service-connected disability via an October 1997 rating decision, effective from May 14, 1996. The Appellant's initial application for DEA benefits was received in March 2008 and she was assigned a delimiting date of June 21, 2010, in which to use these benefits. The Board found that the record did not reflect the Appellant had a physical or mental disability preventing her from using her DEA benefits prior to the June 21, 2010, delimiting date.

The Veteran's claim for service connection for boil residuals was denied as there is no evidence of a current disability related to his in-service treatment and the Board found that any current boils are not related to service.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining a one-time payment from the Filipino Veterans Equity Compensation Fund, and thus denied legal entitlement to such payment.

The Board has determined that the grant of service connection for cause of the Veteran's death was not clearly and unmistakably erroneous, thus restoring service connection.

The Board has remanded the case for additional development due to inadequate notice regarding delimiting dates and extension of such dates in connection with the Veteran's claim for Chapter 30 educational assistance benefits.

The Board denied both nonservice-connected death pension benefits and service connection for the cause of the Veteran's death (DIC) due to lack of qualifying wartime service.

The Board found that the Veteran's pension benefits were properly terminated due to his failure to report income from a trust, which was considered part of his personal assets. The termination occurred on January 1, 2007.

The Veteran's unauthorized private medical expenses incurred on June 5, 2010 for dental pain were denied as VA did not authorize the care in advance and there was no emergency situation necessitating immediate treatment.

The Board denied the claim for recognition as the surviving spouse of the Veteran for purposes of VA death pension benefits due to a lack of continuous cohabitation.

The Veteran is eligible for the full benefit level of educational assistance under the Post-9/11 GI Bill due to his service-connected left foot hallux rigidus and degenerative joint disease.

The Board found that the Veteran was not a fugitive felon from February 2 to December 7, 2010 and thus the overpayment of disability compensation benefits in the amount of $29,676.50 was not properly created.

The Board has determined that there is insufficient information to make a determination on the appellant's eligibility for Post-9/11 GI Bill education benefits. The case is being remanded to obtain necessary information from the National Guard unit and DoD.

The Veteran's appeal is remanded due to a discrepancy in the service department records regarding whether his enlistment under the Loan Repayment Program (LRP) should be counted towards his Post-9/11 GI Bill benefits.

The Board has remanded the case for scheduling a video conference hearing, and the Veteran's spouse is eligible for accrued benefits.

The Board found that the Veteran's low back disability is not causally related to active duty service, nor may it be presumed to have been so incurred.

The Veteran's service connection for residuals of a cold injury to the upper and lower extremities is granted.,The Veteran's service connection for a disability manifested by left buttock pain and numbness is dismissed as it has been found to be related to his already service-connected left leg radiculopathy.