Other conditions Board decisions

The Board has ordered additional development to determine the validity and amount of the veteran's pension overpayment due to a divorce from his spouse, Maria.

The Board found that the veteran's left eye disability is not related to his active duty service and denied his claim for service connection.

The Board has granted the veteran's petition to reopen his claim for service connection for diplopia, finding that new and material evidence has been received. Service connection is established based on reopening of a previously denied claim.

The Board is remanding the case to obtain additional medical records and ensure compliance with the Veterans Claims Assistance Act of 2000. The veteran's claim for service connection will be reconsidered, and a supplemental statement of the case (SSOC) will be provided.

The case is being remanded to the RO for additional development of evidence, including obtaining records from Dr. Katherine Maurath and scheduling a VA examination.

The veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred at Frisbie Memorial Hospital from January 16, 2002 to January 28, 2002 is granted. The VAMC issued a letter requesting necessary information and the veteran was required to submit a signed statement certifying that his claim met all conditions for payment by VA for emergency services under 38 CFR 17.1002 and 17.1003 within 30 days of receiving the letter. The VAMC denied the claim due to lack of response from the veteran, but the Board found that the veteran did receive the April 11, 2002, letter.

The veteran's unauthorized private medical expenses incurred on March 30, 2001 were denied as prior authorization was not obtained and reimbursement is not warranted.

The Board has denied the veteran's claim of entitlement to an increased rating for varicose veins of the right leg and determined that new and material evidence had not been presented or secured to reopen a claim of entitlement to service connection for residuals of a back injury. The case is being remanded due to procedural defects in notification and assistance.

The veteran is entitled to a waiver of the overpayment of nonservice-connected pension benefits in the amount of $1,068 due to fault on his part and VA's role in creating the overpayment. The decision also considers that collection would not result in undue hardship.

The Board denied the appellant's claims for service connection for residuals of head trauma and an increased evaluation for myositis, finding no new and material evidence to reopen the claim for residuals of head trauma. The Board also found that there was insufficient medical evidence linking the appellant's current eye conditions to his military service.

The Board found that there is no evidence of arthritis of the right hip being incurred in or aggravated by service, and thus denied the claim.

The veteran's service-connected sickle cell disease is manifested by continued impairment of health, but does not cause painful crises several times a year or symptoms precluding other than light manual labor. The criteria for a disability evaluation in excess of 20 percent have not been met.

The Board has remanded the case for additional development and compliance with VCAA requirements.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board denied the veteran's claims of clear and unmistakable error (CUE) in two rating decisions, one granting a temporary total disability rating for service-connected keratitis residuals from August 16 to December 31, 1990, and another denying an extension beyond that date.

The Board has ordered further development due to pending issues and is remanding the case back to the RO for additional consideration.

The Board has determined that the veteran's chronic bilateral foot disorder, characterized as dermatophytosis, is service-connected.

The Board granted the veteran's request for waiver of recovery of a compensation overpayment in the amount of $3,513. The remaining $129 was denied due to lack of fault on his part and potential hardship.

The Board has granted service connection for the cause of the veteran's death, eligibility for Chapter 35 educational benefits, and service-connected burial benefits based on evidence showing a cardiovascular disorder that began in service and contributed to the veteran's death.

The Board has decided to remand the case for further development, including a new VA examination and consideration of the claim under newly enacted provisions of Diagnostic Codes 5235-5243. The veteran's intervertebral disc syndrome will be evaluated based on these revised criteria.