Other conditions decisions — 2014

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the appellant's respiratory disability, including a lack of VA examination. Updated treatment records are also needed.

The appellant's husband, who had served in the Philippines during World War II, died before the American Recovery and Reinvestment Act of 2009 was enacted. As a result, he could not have filed a claim for benefits under this legislation at the time of his death. The appellant is therefore not eligible to receive benefits as her deceased husband's surviving spouse.

The Board has remanded the case to the RO for scheduling a Travel Board hearing due to the Veteran's request. The claim of reopening service connection for chronic hypochromic anemia remains pending.

The Veteran's death was not service-connected, and the appellant did not meet the criteria for non-service connected burial benefits as there were no pending claims for VA compensation or pension at the time of his death. The appeal is denied.

The medical evidence does not show that the loss of vision in the Veteran's right eye was caused by VA carelessness, negligence, or error. The infection resulting from the treatment is considered reasonably foreseeable.

The Veteran's patellar tendonitis of the right and left knees are currently rated at 10 percent each, but do not warrant a higher rating based on functional impairment or additional factors.

The Board has remanded the case due to additional development being necessary, including associating documents from the VA Debt Management Center and conducting an audit of the Veteran's account.

The Veteran's thoracic spine disability, characterized by degenerative changes and limited range of motion, does not meet the criteria for a rating higher than 10 percent during the appeal period.

The Board has denied the appellant's request for an eligibility date prior to April 16, 2010, for educational assistance under Chapter 33 of Title 38, United States Code (Post-9/11 GI Bill) due to a DoD determination that approved transfer of the Veteran's unused Post-9/11 GI bill benefits to member(s) of his immediate family with a date of eligibility set at April 16, 2010. The appellant has no legal entitlement to an earlier effective date.

The Board has determined that the Veteran's relocation to New York State was not done with the intent of avoiding prosecution, and thus he is no longer considered a fugitive felon. As such, VA disability compensation benefits from March 10, 2009 to March 5, 2010 are restored.

The Veteran's unauthorized non-VA medical treatment for a stroke on August 26, 2009 was found to meet the criteria for payment or reimbursement due to it being emergent in nature and no feasible VA facility being available.

The Veteran's unauthorized medical expenses incurred from June 22 to July 3, 2010 at Orange Park Medical Center are denied as the treatment was feasibly available at a VA facility and an attempt to use them beforehand would have been reasonable.

The Board found that recovery of the overpayment would not be against equity and good conscience, as it did not result in undue hardship or defeat the purpose for which benefits were intended.

The Board has ordered a new VA examination to determine if the Veteran's left eye disorder is related to his service-connected right eye disability, and whether it is secondary to that condition.

The Veteran's claim for basic eligibility for nonservice-connected pension benefits is denied as he did not have wartime service.

The Board has found that Southwest Mississippi Regional Medical Center submitted a timely claim for unauthorized emergency room treatment provided to the Veteran on May 30, 2010.

The Veteran has withdrawn his appeal for service connection for a lung disorder, to include as due to herbicide exposure and as secondary to service-connected type II diabetes mellitus. The Board is dismissing the appeal.

The Board has determined that a rating in excess of 10 percent for venous insufficiency of the left leg is not warranted based on the evidence provided.

The Board has granted increased evaluations for the Veteran's service-connected bilateral knee disabilities, finding that his symptoms meet or approximate the criteria for higher ratings under specific Diagnostic Codes. The Veteran also meets the criteria for TDIU based on his service-connected disabilities.

The Board has remanded the case for further development, including verification of service dates and an examination to determine if any current left hip disability is related to service or ACDUTRA.