Other conditions decisions — 2014

The Board has determined that a compensable rating is not warranted for the Veteran's service-connected post perforation, tympanic membrane, left, secondary to MFB under Diagnostic Code 6211.

The Board has reopened the claim for service connection for a low back disability and granted service connection for spondylolysis at L5-S1, finding that new evidence supports the reopening of the claim.

The Veteran's appeal is being remanded due to the complexity of his debt and additional evidence not yet associated with his claims file. The case will be returned for clarification.

The Board has denied the claim for service connection for the cause of death and the claim for one-time payment from the FVEC Fund due to the appellant's failure to file her claims within a year after the enactment of ARRA, which is required by law.

The Veteran is seeking service connection for acquired gynecological disorders, including uterine fibroids, vulvovaginitis, chronic cervicitis with Nabothian cyst, and residuals of hysterectomy. The Board has determined that a remand is necessary to obtain medical records and provide an examination to determine the etiology of these conditions.

The appellant is not eligible for a one-time payment from the FVEC fund as his father did not file a claim prior to death and he does not meet the legal requirements for eligibility.

The Board has remanded the case due to the need for a VA examination and further development of the record. The Veteran's claim for service connection for learning disorders, including Asperger's syndrome, attention deficit disorder, and dyslexia, is pending.

The Board denied reimbursement for unauthorized medical expenses due to the lack of emergent circumstances and the Veteran's ability to seek VA treatment.

The Veteran's claim for service connection for a dental disability, for compensation purposes, is denied as the condition does not meet the criteria for compensable disabilities under VA regulations.

The Board denied the appellant's claim for nonservice-connected pension as he did not meet the basic eligibility requirements due to insufficient service and lack of a service-connected disability.

The Board found that the appellant, who is the Veteran's adult daughter, does not meet eligibility requirements as a child for VA purposes due to her age and did not become permanently incapable of self-support before the age of 18. Therefore, she is not entitled to VA death benefits.

The Board found that the Veteran's overpayment debt was validly created due to his failure to notify VA of his divorce and remarriage, resulting in improper payment of a spousal dependency allowance. The Committee denied the waiver of this debt.

The Board has determined that the Veteran's additional disability was not caused by VA care, treatment, or examination and is not due to any fault on the part of VA.

The Veteran's daughter is denied payment of additional accrued benefits as she does not meet the eligibility criteria for such payments.

The Board has determined that the Veteran currently suffers from a central nervous system condition, which is service-connected.

The Board found that the Veteran's income exceeded the maximum annual pension rate for non-service connected disability pension benefits, thus denying his claim of entitlement to non-service connected pension benefits.

The Veteran's appeal is REMANDED to the AOJ for additional development, including scheduling a VA examination and obtaining outstanding records.

The Veteran's unauthorized medical expenses for emergency room treatment at Euclid Hospital on June 4, 2010 are granted as the services were rendered in a medical emergency of such nature that delay would have been hazardous to life or health and no VA facilities were feasibly available.

The Veteran's service-connected short segment Barrett's esophagus was not shown to meet the criteria for a higher rating, as he did not exhibit symptoms such as vomiting, material weight loss and hematemesis or melena with moderate anemia; or other symptom combinations productive of severe impairment of health.

The appeal is being remanded due to the appellant not having been afforded her requested video-conference hearing before a Veterans Law Judge.