Other conditions decisions — 2014

The Veteran's request for waiver of the overpayment at issue was considered timely, and the appeal is allowed.

The Veteran's death was not due to a service-connected condition, and he did not meet the criteria for burial benefits under VA regulations. The appeal is denied.

The Veteran's service-connected lateral and anterior compartment syndrome, left and right lower extremities, status post fasciotomy, with residual surgical scars, have been rated at 10 percent each. The Board finds that the evidence does not support a higher rating for either condition.

The Veteran's dysthymic disorder was rated at 70 percent prior to November 13, 2009 and granted a TDIU rating due to the service-connected dysthymic disorder prior to June 21, 2009.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on January 27, 2010 was denied because his condition had stabilized by that date and he could have been safely transferred to a VA facility.

The Board denied the appellant's claim for an effective date earlier than October 30, 2008 for the payment of Dependents' Educational Assistance (DEA) benefits as it is governed by specific VA regulations that do not allow retroactive payments prior to this date.

The Veteran seeks an increase in his educational assistance rate under the Post-9/11 GI Bill from 50% to 100%. The appeal is remanded due to discrepancies regarding the Veteran's service credit and potential involvement of the Department of Education.

The Board has denied the appellant's claims for eligibility to receive dependency and indemnity compensation (DIC) as the surviving spouse of the Veteran, and non-service-connected death pension as the surviving spouse of the Veteran.

The Veteran's appeal is being remanded for further development and consideration of the validity of overpayment claims, including an accounting of how each overpayment was created and assessed.

The Board denied the appellant's claims for VA death benefits and an apportionment of the Veteran's VA benefits due to a lack of legal merit. The Veteran is alive and has never filed a claim for, or been awarded or received VA benefits.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred in July 2010 at Ochsner Medical Center has been dismissed due to the death of the Veteran during the appeal process.

The Veteran's unauthorized medical expenses incurred at Bethesda Memorial Hospital on November 9, 2009 are being remanded for further review due to the need to determine if she was enrolled in a private insurance plan and whether VA or other Federal facilities were feasibly available.

The Board has denied the appellant's claim for an extension of his delimiting date for education benefits under Chapter 30, as he did not provide evidence showing that he was prevented from initiating or completing his chosen program due to a physical or mental disability.

The Veteran's appeal was denied as she has no legal entitlement to additional VA educational assistance benefits under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill).

The Veteran was treated for Bell's Palsy at Lake Health on July 21, 2010. The treatment was considered emergency care as the initial impression was a stroke, which was later ruled out and found to be Bell's Palsy. The nearest VA facility was not feasibly available, and the Veteran met all other criteria for payment under the Veterans Millennium Health Care and Benefits Act.

The Veteran's unauthorized medical expenses incurred during his hospitalization at Munroe Regional Medical Center from November 16, 2010 to November 19, 2010 are denied.

The Board has granted an effective date of June 6, 2006 for the award of VA improved death pension benefits.

The Veteran's appeal is remanded due to a potential error in the calculation of his original educational benefits under the Montgomery GI Bill, and he may be entitled to additional educational assistance under the Post-9/11 GI Bill.

The Board has remanded the case due to changes in the Veteran's financial circumstances, and he is requested to submit an updated Financial Status Report (VA Form 5655).

The Veteran's claim for service connection for TMJ is being remanded due to the need for a VA examination and review of additional evidence.