Other conditions Board decisions

The Veteran's claim for a waiver of recovery of an overpayment of $1,416.67 was denied because the overpayment was created due to his concurrent receipt of VA compensation and military pay during active duty training days in fiscal year 2008. The Board found that the fault lay solely with the Veteran.

The Veteran's active duty service did not meet the eligibility requirements for Post-9/11 GI Bill benefits, as he was discharged before September 11, 2001. The claim is denied.

The Board has ordered the case back to the agency of original jurisdiction (AOJ) for additional development, including locating missing documents and obtaining service personnel records. The AOJ will then re-adjudicate the claim.

The Veteran's unauthorized medical expenses incurred on August 15, 2011 at Skaggs Regional Medical Center in Branson, Missouri are now covered by VA as the nearest feasible VA facility was not available and the treatment provided was emergent.

The Board finds that the Veteran's unauthorized medical services rendered at CRMC on March 23, 2012, meet the criteria for reimbursement under the Veterans Millennium Health Care and Benefits Act. The emergency treatment was deemed necessary due to a severe leg pain and swelling, which the Veteran believed indicated a blood clot.

The Board has determined that recovery of the overpayment would be against equity and good conscience, thus granting a waiver for the $2,052.00 in VA non-service-connected death pension benefits.

The Veteran's post-traumatic anterior wedging of the twelfth thoracic vertebra is currently rated at 20 percent, and the Board denied a higher rating as it did not meet the criteria for an increased evaluation.

The Veteran's unauthorized medical expenses incurred at non-VA facilities were denied as he did not meet the criteria for reimbursement under VA regulations.

The Board denied the Veteran's claim for an earlier effective date for special monthly compensation based on the need for regular aid and attendance, finding that it was not warranted as a matter of law due to lack of evidence showing eligibility prior to July 29, 2005.

The Veteran's unauthorized hospitalization for clostridium difficile colitis was deemed an emergency, and the private facility provided necessary care. The claim is granted as the conditions met the criteria for payment or reimbursement under 38 U.S.C.A. § 1725.

The Board has determined that the Veteran's right hand and arm condition met the criteria for emergency treatment, and that reasonable attempts were made to transfer him to a VA facility. As such, payment of or reimbursement for private medical expenses incurred from December 18 to 21, 2011 is granted.

The Veteran's claim for an increased rating in excess of 60 percent for his right hip deformity is being remanded due to the need for additional development, including obtaining updated medical records and scheduling a VA examination.

The Veteran's appeal for nonservice-connected pension benefits, to include special monthly pension (SMP), has been dismissed due to the death of the Veteran.

The Board has restored a 20 percent rating for the Veteran's duodenal ulcer with chronic stomach pain, upset stomach, and knot in stomach from the effective date of the reduction.

The appellant does not meet the criteria for eligibility for medical care at a VA facility as he did not serve on active duty and has no service-connected disability.

The Board found that the DIC benefits were properly created due to the appellant's remarriage and held her out as the spouse of Mr. H.B. and Mr. A.L., resulting in a debt of $173,846.00. The request for waiver was denied as untimely filed.

The Veteran's cause of death, due to complications from thermal injuries sustained in 2007, is not considered service-connected. The claim for non-service connected burial benefits was denied.

The Veteran withdrew his appeal for a total disability rating based on individual unemployability (TDIU) before the Board could make a decision.

The Board has determined that the Veteran's cold injury residuals of his hands, legs, and feet are related to his active duty service.

The Veteran's low back disorder is currently evaluated at 20 percent disabling, and the Board finds that a higher rating of 30 percent is warranted based on his thoracolumbar range of motion. The claim for service connection for headaches and left arm disorders are REMANDED.