Other conditions decisions — 2014

The Veteran's appeal is being remanded to schedule a hearing before a Veterans Law Judge at the RO regarding his claims for service connection and increased ratings.

The Veteran's appeal is remanded due to the need for a new VA examination and additional evidence. The issues are whether he should receive an increased evaluation for his back disability, and if so, whether he qualifies for TDIU.

The Veteran's dry eye syndrome was first shown in service and has continued since. He is granted service connection for this condition. For his right 5th finger fracture, the Board finds that he does not meet the criteria for a compensable rating under the applicable VA rating schedule.

The Board found that the Veteran's status as a fugitive felon was not established, and thus the overpayment of VA compensation benefits was invalid. As such, the appeal is granted.

The Veteran's left clavicle fracture has been rated at 20% since October 4, 2010. Effective August 19, 2010, the VA assigned a 30% rating for his fractured, healed left clavicle due to increased functional impairment.

The Board found that the Veteran's current bilateral hand disorder is not causally or etiologically due to service, and thus denied his claim for service connection.

The Board has determined that the effective date for DIC benefits based on service connection for ALS, which caused the Veteran's death in October 1996, is September 23, 2008.

The Board found that the Veteran does not have a current dental disability for compensation purposes and was not eligible for VA outpatient dental treatment due to lack of service-connected condition or trauma.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has granted a waiver for the recovery of an overpayment of death pension benefits in the amount of $13,011.00 due to no fault on the part of the appellant and undue hardship caused by requiring repayment.

The Veteran's emergency medical treatment for a heart attack and cardiac surgery at CMHS was authorized by VA, meeting the criteria for reimbursement of private medical expenses.

The Board has determined that the Veteran's claimed disabilities, including residuals of a cerebrovascular accident (CVA), diverticulitis, and right eye disability, were not incurred in or aggravated by his active duty service.

The Board has determined that the Veteran's respiratory disorder is not related to his service or asbestos exposure therein, and therefore denied the claim for service connection.

The Veteran's unauthorized medical expenses incurred on February 15, 2013 at the Eastern Niagara Hospital were not authorized by VA and an application was not made to VA within 72 hours after admission. The Board found that reimbursement under 38 U.S.C.A. § 1728 is not warranted due to the availability of a feasibly available VA medical facility.

The Veteran's claim for a waiver of recovery of an overpayment of VA nonservice-connected pension benefits in the amount of $3,397 was denied because recovery would not be against equity and good conscience.

The VA determined that the Veteran's need for a total abdominal hysterectomy was not caused by negligence or failure to diagnose, but rather due to her own non-compliance with medical management and treatment recommendations.

The Veteran's current respiratory disorder was not incurred in active duty and the current diagnoses of a respiratory disorder are not due to asbestos exposure during active duty.

The Board finds that there is no current diagnosis of residuals of a cold injury affecting the feet and hands, and the preponderance of the evidence does not support a finding that any such condition is related to service, including exposure to cold weather.

The Veteran's left thigh meralgia paresthetica is rated at a 10 percent disability rating prior to January 30, 2013. The appeal regarding a higher rating for the condition since that date has been withdrawn by the Veteran.

The Board finds that the appellant's deceased husband does not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is not considered a veteran for purposes of VA benefits and the appellant cannot be considered his spouse for VA death benefits.