Other conditions decisions — 2015

The Veteran's dental condition was not incurred in or aggravated by service, and he does not meet the requirements for VA outpatient treatment based on a dental disorder.

The Veteran's private medical expenses for Botox injections on June 6, 2012 at Shands Teaching Hospital were authorized by VA in advance and the Board finds that the treatment was covered under prior authorization. The appeal is granted.

The Veteran's unauthorized medical expenses incurred at the Orange Park Medical Center on November 6, 2012, were denied as VA facilities were feasibly available for his treatment.

The Veteran is not considered to be totally and permanently disabled due to the service-connected disabilities, including non-Hodgkin's lymphoma. Therefore, the appellant is not eligible for DEA benefits.

The Veteran's application for Service Disabled Veterans Insurance was denied, and she requested a hearing. The ROIC scheduled her for a Travel Board hearing but the Veteran did not attend. She now requests a video conference hearing instead.

The Board found that the Appellant's income exceeded the maximum allowable pension rate for her, and thus she is not eligible for death pension benefits from August 1, 2010.

The Veteran's appeal for VRAP benefits is denied as she was not a full-time student during the specified periods.

The Board has granted a waiver of recovery of an overpayment of benefits for a child dependent in the amount of $8,556 due to the Veteran's financial hardship and lack of fault on his part.

The Board has remanded the case for additional development, including a new examination and consideration of certain evidence. The Veteran's claim for service connection for his left hip disorder is pending.

The Board denied the Veteran's request for a waiver of overpayment of $27,760.00 in nonservice-connected pension benefits due to his actions contributing to the creation of the debt.

The Veteran's service-connected low back disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted. The claim for an earlier effective date for TDIU remains pending.

The Board has ordered a remand due to the need for an additional medical opinion regarding whether the Veteran's wound infection and failed skin graft are related to his hernia repair surgery. The case will be returned to the AOJ after obtaining any necessary medical records.

The Veteran's scar residuals of a pilonidal cyst, including both the midline buttock fold scar and the superficial scar, are rated at 10 percent prior to April 5, 2014, and at 20 percent from that date. The Board found that the midline buttock fold scar was both painful and unstable throughout the period under consideration.

The appellant is seeking a Board hearing due to the location of the National Cemetery Scheduling Office in St. Louis, Missouri and his residence in Alabama.

The Board has denied the Veteran's claim of service connection for a disorder manifested by residuals related to in-service immunizations, as new and material evidence was not received. The claim for malaria was also denied.

The Veteran has no legal entitlement to additional VA educational assistance benefits under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill) due to the limitation of 48 months of combined benefits.

The Veteran's claim for an initial compensable rating for a perforated left tympanic membrane has been denied on the schedular basis. The issue of entitlement to an extraschedular rating remains pending.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 is being remanded due to the need for a VA examination and additional medical records.

The Veteran's claim for nonservice-connected disability pension was denied as he did not meet the service requirements for eligibility.

The Board is requesting additional development to determine if the overpayment of VA non-service-connected pension benefits was properly created and how much debt exists. The Veteran will be given an opportunity to submit evidence regarding her request for waiver of recovery.