Other conditions decisions — 2014

The Veteran's appeal is remanded due to a need for additional medical examination and consideration of his subjective complaints related to his service-connected onychomycosis.

The Veteran's appeal is being remanded for scheduling a Board videoconference hearing at the closest, most convenient location to the Veteran that is equipped to conduct such hearings with the Board. The Veteran and his representative should be contacted regarding the locations closest to him that are capable of hosting a Board video conference.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment, meeting the criteria for a TDIU.

The Veteran's chondromalacia patella of the left and right knees are currently rated at 10% each, with no evidence of ankylosis or instability. The Board found that the current ratings adequately reflect the severity of the disability.

The appellant is not recognized as the surviving spouse of the Veteran for VA benefits, and her claims for accrued benefits are denied.

The Board has determined that a remand is necessary to obtain clarification of the appellant's contentions regarding the cause of the Veteran's death and to provide an opinion on whether service connection for the cause of death should be granted.

The Board denied the appellant's request for an extension of her delimiting date for Dependents' Educational Assistance (DEA) benefits beyond August 1, 2011. The decision found that she was not eligible for such an extension due to reaching age 31 and because her original delimiting date fell outside a term.

The Board has determined that VA waived the timeliness of the appellant's substantive appeal with respect to an April 2004 rating decision denying service connection for the cause of the Veteran's death. The appeal is therefore granted.

The Veteran did not have any pending claims for benefits before VA at the time of his death. The appellant filed her initial claim for benefits more than one year after the Veteran's death, and thus accrued benefits cannot be established.

The Board has determined that a remand is necessary to clarify the amounts owed and actually paid to the Veteran, as there are conflicting information in the records. The overpayment calculation for separation payment and removal of dependents will be reviewed.

The Veteran's claim for a waiver of recovery of an overpayment of $1,416.67 was denied because the overpayment was created due to his concurrent receipt of VA compensation and military pay during active duty training days in fiscal year 2008. The Board found that the fault lay solely with the Veteran.

The Veteran's active duty service did not meet the eligibility requirements for Post-9/11 GI Bill benefits, as he was discharged before September 11, 2001. The claim is denied.

The Board has ordered the case back to the agency of original jurisdiction (AOJ) for additional development, including locating missing documents and obtaining service personnel records. The AOJ will then re-adjudicate the claim.

The Veteran's unauthorized medical expenses incurred on August 15, 2011 at Skaggs Regional Medical Center in Branson, Missouri are now covered by VA as the nearest feasible VA facility was not available and the treatment provided was emergent.

The Board finds that the Veteran's unauthorized medical services rendered at CRMC on March 23, 2012, meet the criteria for reimbursement under the Veterans Millennium Health Care and Benefits Act. The emergency treatment was deemed necessary due to a severe leg pain and swelling, which the Veteran believed indicated a blood clot.

The Board has determined that recovery of the overpayment would be against equity and good conscience, thus granting a waiver for the $2,052.00 in VA non-service-connected death pension benefits.

The Veteran's post-traumatic anterior wedging of the twelfth thoracic vertebra is currently rated at 20 percent, and the Board denied a higher rating as it did not meet the criteria for an increased evaluation.

The Veteran's unauthorized medical expenses incurred at non-VA facilities were denied as he did not meet the criteria for reimbursement under VA regulations.

The Board denied the Veteran's claim for an earlier effective date for special monthly compensation based on the need for regular aid and attendance, finding that it was not warranted as a matter of law due to lack of evidence showing eligibility prior to July 29, 2005.

The Veteran's unauthorized hospitalization for clostridium difficile colitis was deemed an emergency, and the private facility provided necessary care. The claim is granted as the conditions met the criteria for payment or reimbursement under 38 U.S.C.A. § 1725.