Other conditions decisions — 2015

The Veteran died from measles and is buried in a private cemetery. The claim for a government-furnished headstone or marker is denied due to the date of death being prior to November 1990.

The Veteran's unauthorized medical expenses incurred at Flagler Hospital on April 21, 2012 for cellulitis were approved as emergency treatment due to the severity of his condition and the unavailability of VA facilities.

The Veteran's daughter was born with qualifying spina bifida, but the Veteran does not have service in Vietnam or covered service in Korea. Therefore, he lacks legal entitlement to VA benefits under 38 U.S.C.A. § 1805 for his daughter.

The Board dismissed the appeal due to the death of the appellant, and no service connection issues were raised.

The Veteran's emergency medical treatment at St. Alexius Medical Center on October 4, 2011 for left leg pain was not considered an emergency requiring immediate care due to the availability of VA services in Bismarck, North Dakota. The Board found that the Veteran could have received appropriate care from a VA facility and did not need to seek treatment at St. Alexius.

The Board has decided to remand the case due to insufficient information regarding the Veteran's assets and income, specifically in relation to a family trust account.

The Board found that the umbilical hernia was not caused by VA care, and denied the claim.,The MRSA infection resolved without chronic residuals and was not due to VA fault or unforeseeable events, leading to denial of compensation benefits.,Left arm cellulitis resolved without chronic residuals and was not due to VA fault or unforeseeable events, resulting in denial of compensation benefits.

The Veteran's claim for service connection for sickle cell anemia/disease was denied. However, the Veteran has been granted service connection for chronic symptoms associated with sickle cell trait.

The Veteran's claim for service connection for a bilateral foot disability, including onychomycosis (nail fungus), was denied as there is no evidence of an injury or disease in service and the current condition did not develop due to service.

The Board has determined that the termination of payment of a Survivor's Pension effective January 1, 2012 to June 25, 2013 was proper due to the appellant's annualized income exceeding the applicable Maximum Annual Pension Rate (MAPR) during this period.

The Veteran's endometriosis with the right ovary removed is currently rated at 50 percent disabling from September 10, 2008.

The Veteran's post-operative residuals, tear of the right popliteal artery and vein are currently rated as 10 percent disabling under Diagnostic Code 7804. The Board finds that this rating is appropriate based on the current evidence.

The Veteran did not meet the minimum active duty requirement and was discharged due to medical reasons, thus he is not eligible for burial in a VA national cemetery.

The Veteran's overpayment of nonservice-connected pension benefits, to include special monthly pension based on the need for aid and attendance, in the amount of $44,215 for the period from December 1, 1999, to June 26, 2006, was found to be an unjust enrichment. Recovery of this overpayment is denied as it would not defeat the purpose of VA pension benefits or be otherwise inequitable.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities was dismissed as the appellant died prior to a decision.

The Board has remanded the case for additional development due to a cancelled VA examination, and the Veteran is required to appear for another hearing.

The Veteran's abdominal and neurological pain were present prior to the May 2004 surgery, which was deemed appropriate by VA. The current complications are not considered to be caused by fault on the part of VA.

The Board found that part of the overpayment ($624) was not properly created, and reduced it to $1,562. The remaining $961 is denied as against equity and good conscience due to financial hardship.

The Veteran's claim for service connection for hairy cell leukemia, claimed as due to herbicide exposure during service in Germany, is being remanded for additional development and examination.

The Board has remanded the case for further development, including obtaining an opinion on whether the Veteran's basal cell carcinoma is related to his service and any service-connected disability.