Other conditions decisions — 2015

The Board is remanding the case to determine if a timely Notice of Disagreement (NOD) was filed regarding the denial of the appellant's claim for payment or reimbursement of medical care expenses incurred from January 19 to January 24, 2011. Additionally, the AOJ should contact CMS to determine whether any of the expenses were covered by Medicare Part A or B.

The Veteran's effective date for receiving educational benefits under the Post-9/11 GI Bill in lieu of benefits under the Montgomery GI Bill was corrected from December 11, 2013 to April 8, 2013 due to a clerical error.

The Veteran's charge for a national exam under the Post-9/11 GI Bill, Chapter 33, Educational Assistance Program was granted and he was charged one month of entitlement.

The Veteran's death was not service-connected, and the Board found that he did not meet the durational requirements for a total disability rating under 38 U.S.C.A. § 1318.

The Board has determined that the appellant does not have qualifying active service for Post-9/11 GI Bill benefits and therefore, his claim is denied.

The Board denied the Veteran's request for a waiver of overpayment of educational assistance benefits under the Post-9/11 GI Bill, finding that recovery would not be against equity and good conscience.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses is denied as he has coverage under a health-plan contract, which disqualifies him from receiving such benefits.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, of the United States Code because she did not file her original application within one year of commencing an education program. The earliest beginning date available to the appellant is August 1, 2010, which is more than a year prior to when her application was received by VA.

The Veteran seeks payment or reimbursement for emergency medical treatment received at Mercy St. Anne Hospital on August 31, 2012 due to a dental abscess. The Board is remanding the case for additional development including obtaining relevant medical records and determining if the Veteran was enrolled in VA healthcare.

The Board has decided to remand the case due to incomplete records and a need for further development.

The Board has granted reimbursement of one full month of education entitlement under the provisions of 38 U.S.C.A. Chapter 33 (Post-9/11 GI Bill or Post-9/11 Educational Assistance) for a License and Certification (LAC) test administered in February 2013.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess his right knee disability and gout. The claims will be readjudicated after the development.

The VA denied the Veteran's claim for service connection for dermatofibroma sarcoma protuberans due to contaminated water exposure at Camp Lejeune, finding that there is no evidence linking his condition to service.

The Veteran does not have additional right inguinal hernia disability as a result of VA treatment in September 2003, and the evidence does not demonstrate that any possible additional disability was due to any fault on the part of VA.

The Board denied a compensable disability rating for the Veteran's service-connected right epididymitis, finding that his current symptoms do not warrant such a rating based on the evidence of record.

The Board has remanded the case for further action due to a disagreement with the denial of nonservice-connected death pension benefits. The appellant's husband served in the Philippines during World War II, but his service is not considered active military, naval, or air service as required for VA disability pension benefits.

The Veteran's claim for a compensable evaluation for minimal hyperemia of the eyes (previously diagnosed as conjunctivitis, chronic, bilaterally) is being remanded due to the need for further development and clarification regarding the level of impairment attributable to service-connected versus nonservice-connected eye disabilities.

The Board denied entitlement to accrued benefits in a March 4, 2014 decision. The Appellant's motion alleging CUE was denied as the correct facts were not considered by the Board and no new evidence could be considered.

The Board found that the overpayment was valid and solely due to the Veteran's failure to timely notify VA of his divorce, resulting in an overpayment. The effective date for termination of benefits is set as May 1, 2004.

The Veteran's National Guard service for the periods from August 27, 2007 to September 16, 2007, and from October 20, 2007 to March 31, 2008, constitutes active duty. This period is included in her total aggregate of 407 days service for calculating her educational benefit under the Post-9/11 GI Bill program, resulting in a rating of 70 percent.