Other conditions decisions — 2014

The Board held that the overpayment of VA educational assistance benefits in the amount of $1,354.70 was not properly created due to sole administrative error on the part of the VA, and thus the Veteran does not owe this assessed debt.

The Board has determined that the Veteran's death was not caused by willful misconduct and therefore granted service connection for the cause of his death.

The Veteran's request for a six-month extension of Post-9/11 GI BILL benefits was denied as the law does not authorize such an extension.

The Veteran has used an aggregate of 48 months of educational assistance benefits as of September 3, 2011. He is denied additional benefits beyond this date.

The Appellant is not entitled to recognition as the lawful surviving spouse of the Veteran for purposes of re-establishing her entitlement to DIC benefits due to her remarriage.

The appeal has been withdrawn by the appellant before a decision was made.

The Veteran's claim for reimbursement of unauthorized medical services rendered at Skaggs Regional Medical Center/Community Health Center on May 9, 2010 was denied because the Board found that a medical emergency did not exist and the Veteran did not seek immediate medical attention.

The Board has remanded the case for additional development, including scheduling a VA examination and obtaining outstanding records. The Veteran's claim for special monthly compensation based on need for aid and attendance will be reconsidered after these steps are completed.

The Veteran's emergency medical treatment at a private hospital was not authorized in advance by VA, and he did not meet the criteria for reimbursement under 38 U.S.C.A. § 1725 or 38 C.F.R. § 17.1000-1008.

The Veteran's claim for non-service-connected disability pension benefits was denied as he did not have active service during a wartime period.

The Board has determined that additional development is needed to consider the Veteran's arguments and evidence related to his hobby of breeding horses, as well as any incomplete Substantive Appeal form. The case will be remanded for these purposes.

The Board has remanded the case for further development to verify the Veteran's service in Vietnam and to determine if atherosclerosis of the aorta, one of the causes of death, is related to service. The appellant must provide any necessary information to assist with these requests.

The Veteran's appeal is being remanded for additional development, including obtaining a medical opinion and readjudicating his service connection claim. Additionally, the earlier effective date issue will be returned to the RO after issuance of a Statement of the Case.

The Board has granted the Veteran's claim, finding that his nonservice-connected neurological disability of the right upper extremity is aggravated by his service-connected left median neuropathy.

The Board has determined that the appellant does not have qualifying service as a Veteran for VA purposes during the period when he claims he sustained injuries resulting in the claimed disabilities. Therefore, his claims for service connection are denied.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and scheduling a VA examination.

The RO denied a rating in excess of 10 percent for the Veteran's service-connected bilateral spondylosis at L5-S1 vertebrae.

The Board has determined that the overpayment of VA educational assistance benefits in the amount of $21,644.47 was properly calculated and denied.

The Board has determined that the Veteran's low back disability did not have its onset in service and is not shown by the competent and probative evidence to be the result of disease or injury incurred during his military service.

The Board denied service connection for bilateral foot disabilities and TMJ syndrome, finding that the conditions were not incurred or aggravated by military service.