Other conditions decisions — 2019

The Veteran's medical expenses incurred at the Mayo Clinic on December 12, 2016 were approved because his condition was considered an emergency and no VA facility was feasibly available to him.

The overpayment of Chapter 33 (Post-9/11 GI Bill) education benefits in the calculated amount of $1,518.37 was not validly created due to mitigating circumstances beyond the Veteran's control. As a result, the issue of entitlement to waiver of recovery of the overpayment is dismissed.

The Veteran's attorney is granted fees for past due benefits awarded in the January 2014 rating decision, which granted a TDIU effective September 18, 2012.

The Board has granted the Veteran's claim for service connection for a deviated nasal septum, finding that it was not preexisting and did not worsen during service. The Veteran's representative appeared at a hearing on this matter.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's squamous and basal cell carcinoma, including lack of service connection for these conditions.

The Veteran's squamous cell carcinoma on the base of the tongue was not incurred in service, cannot be presumed to have been incurred therein due to herbicide exposure, and is not related to a service-connected disability. The appeal is denied.

The Board denied the Veteran's claim for an earlier effective date of February 20, 2014 for the grant of service connection for myocardial infarction because there was no prior informal or formal claim before that date and the medical records did not indicate intent to apply for benefits.

The Board previously remanded the issue of denying fee-basis payment for medical care provided by Grant Integrated Services in November 2010. The appeal is now being remanded again to provide a full accounting of charges incurred at GIS.

The Board denied a request for an earlier effective date for dependency allowances, finding that the earliest notice provided to VA of intent to file a claim was on March 3, 2017. The Veteran's application for additional compensation based on a dependent spouse and child was received by VA on March 3, 2017, and actual payment began on April 1, 2017.

The Veteran's claim for payment or reimbursement of medical services received from Salem Emergency Physicians on May 3, 2015 was denied because the claim was not filed within 90 days after discharge and there is no evidence of pre-authorization.

The Veteran's overpayment of VA compensation benefits was denied as the creation of the debt was proper and not due to administrative error.

The Veteran's initial claim for a compensable rating for her L4 anterior compression fracture is being remanded due to the need for additional examination and assessment of her condition during flare-ups.

The Board has decided to remand the Veteran's claims for service connection for left and right upper extremity conditions, as well as left and right lower extremity conditions, all of which are presumed due to Agent Orange exposure. The decision is based on a need for further evidentiary development.

The Board has determined that the Veteran's stroke residuals are service-connected as they occurred during a period of active duty for training and were not due to willful misconduct.

The Board denied the Veteran's claim for service connection for scoliosis, finding that there was no clear and unmistakable evidence of a permanent worsening or aggravation of his pre-existing condition during active duty service.

The Board is remanding the case to obtain necessary information regarding the Veteran's claim for payment or reimbursement of medical services received from June 6, 2012 to June 7, 2012 at Miller County Hospital in Colquitt, Georgia. The information needed includes details about any claims filed with VA and Medicare, as well as efforts made by the hospital and the Veteran to obtain payment for these services.

The Veteran's son, M., was removed as a dependent child from his pension award effective September 1, 2013, due to reaching the age of 18 and no longer being in school. The claim is denied.

The Board has decided to remand the case for additional development, including obtaining an addendum VA medical opinion regarding the nature and etiology of any currently present stomach/GI disabilities. The examiner is asked to address whether it is at least as likely as not that the Veteran's GI disability began in service or was caused by his active service, including herbicide exposure.

The Veteran's claim for payment or reimbursement of medical services received from Our Lady of the Lake Physician Group is remanded due to incomplete records regarding whether emergency treatment was provided and if a VA facility was available at that time.

The Veteran's left hip arthritis is related to his in-service basketball injury, but the Board cannot make a fully-informed decision without an examination and additional records.