Other conditions Board decisions

The Veteran's appeal was dismissed as he withdrew his appeal in January 2013.

The appeal is remanded due to inaccuracies in the appellant's income report, and she needs to provide updated information about her income and expenses.

The Board has determined that the Veteran's colorectal cancer is at least as likely as not caused by his exposure to herbicides during service, and thus grants service connection for this condition.

The appeal is remanded due to the need for additional information from the Veteran's education file and scheduling of a Board hearing if requested.

The appellant's deceased spouse did not have qualifying service for non-service-connected death pension benefits due to service in the Philippine Commonwealth Army. The claims for accrued benefits and burial benefits were denied as they were not filed within two years of the interment.

The Veteran's appeal is being remanded due to the need for a new VA examination of her left knee disability.

The Veteran's service-connected residuals of a right ring finger injury with nail evulsion have been rated as noncompensable since the effective date of October 4, 2010. The evidence does not show any actual amputation or ankylosis of the right ring finger.

The Veteran's death certificate listed his marital status as 'divorced.' The appellant, who was legally divorced from the Veteran in September 2008, attempted to argue that she should be considered his surviving spouse due to her continued care of him after their divorce. However, the Board found that her divorce prevented her from being recognized as a surviving spouse for purposes of DIC benefits.

The Board found that the Veteran's bilateral hip degenerative joint disease is not related to his service and denied his claim for service connection. The Veteran's PTSD rating remains pending as it was addressed in a separate issue.

The Veteran's lung condition is related to service, specifically his exposure to asbestos aboard naval vessels. However, the VA has not provided a medical opinion linking this condition to his military service.

The appeal is being remanded due to the lack of a death certificate. The issue of whether the Appellant can be recognized as the Veteran's surviving spouse for VA benefits purposes must also be adjudicated.

The Veteran's service-connected malaria is inactive and without residuals, including brain damage or a nervous system disability. The Board finds that he does not have any residuals attributable to his malaria.

The Board has decided to remand the case for further development, including verifying the Veteran's service in Vietnam and providing notice regarding the lack of information sufficient to corroborate his service.

The Board has determined that the appellant is entitled to recognition as the Veteran's surviving spouse for VA purposes, based on her legal marriage and continuous cohabitation with the Veteran prior to his death.

The Board found that the overpayment was properly created due to the Veteran's receipt of VA disability compensation benefits while on active duty in the National Guard. The Board denied waiver of recovery as it determined that recovery would not be against equity and good conscience.

The Board denied eligibility for the Veterans Retraining Assistance Program (VRAP) because the appellant's last period of service was under dishonorable conditions, which is a regulatory bar to establishing entitlement to VA benefits.

The Veteran's claim for payment of or reimbursement for unauthorized medical expenses incurred on March 25, 2012 was denied as the treatment did not meet the criteria for emergency services.

The Veteran is entitled to payment or reimbursement for unauthorized medical expenses incurred on July 12, 2011 at Memorial Hermann Northeast Hospital due to an acute muscle strain. The treatment was considered emergency care and all conditions for payment under the Veterans Millennium Health Care and Benefits Act were met.

The Board has determined that prior authorization for the Veteran's private hospitalizations was provided by VA, and thus all medical expenses incurred should be covered by VA.

The appellant is not eligible for VA death benefits as a surviving spouse because she and the Veteran were not married for at least one year prior to his death, they had no children, and their marriage did not last 15 years after the termination of the period of service in which the injury or disease causing the Veteran's death was incurred.