Other conditions Board decisions

The Board denied the Veteran's request for waiver of overpayment, finding that the creation of the debt was valid and not solely due to VA administrative error. The decision also noted that the Veteran had knowledge of his entitlement to reduced benefits after a felony conviction but did not take steps to avoid an overpayment.

The Veteran's appeal has been withdrawn by the appellant prior to a decision being made.

The Board has determined that additional evidence is needed to fully and fairly consider the claim for service connection of a skin disability, including private treatment records and an examination.

The Board found that the overpayment of $3000 for VA education benefits was properly created and granted a waiver, finding significant fault on the part of VA in creating the debt, some fault on the part of the Veteran, and against equity and good conscience to recover the amount.

The Veteran's psychiatric disability, adjustment disorder unspecified, is proximately caused or aggravated by his service-connected disabilities (coronary artery disease and erectile dysfunction). The Board grants service connection for this condition.

The Veteran's complications from a pacemaker insertion procedure were caused by the carelessness of VA medical providers, and thus he is eligible for compensation under 38 U.S.C.A. § 1151.

The Board denied the Veteran's request for an effective date earlier than March 1, 2010, for the addition of her spouse as a dependent. The earliest possible effective date was determined to be March 1, 2010, when VA received notification of the existence of the Veteran's spouse.

The Veteran's disability involving residuals of cancer of the larynx is shown to be productive of a disability picture that most nearly approximates hoarseness, with inflammation of cords or mucous membrane. The criteria for assignment of a 10 percent disability rating are met beginning from January 1, 2011.

The Board has granted service connection for adjustment disorder and found that the Veteran's current adjustment disorder is due to disease or injury incurred in active service. The claim for increased ratings for left inguinal musculoskeletal strain and essential tremors disability remains pending.

The Board has dismissed the appeal due to the death of the appellant, and thus no jurisdiction remains to adjudicate the merits of this claim.

The Board denied the appellant's claim for reimbursement of unauthorized medical expenses incurred at Baptist Medical Center Nassau on March 23, 2011 due to lack of prior authorization and because VA facilities were feasibly available. The treatment was not for a service-connected disability or an aggravating nonservice-connected condition.

The Board has granted service connection for the Veteran's low back disability, finding that there is at least an approximate balance of positive and negative evidence as to whether the condition was caused or aggravated by his active duty service.

The Veteran's claims for service connection for brain tumor and lung tumor are being remanded due to the need for additional development, including VA examinations.

The Board has determined that the Appellant is not the Veteran's surviving spouse, and therefore does not qualify for DIC benefits based on service connection for the cause of the Veteran's death.

The Board denied a request for an earlier effective date of April 4, 2011, for the grant of special monthly pension based on need for aid and attendance. The claim was granted effective April 4, 2011.

The Veteran's myelodysplasia was not incurred in or aggravated by his military service, and may not be presumed to have been incurred due to herbicide exposure and ionizing radiation exposure.

The Veteran's lung cancer has been granted service connection and a 100% disability rating. However, the VA determined that there is no legal basis for finding permanency of this rating due to potential improvement in his condition.

The Board has determined that the Veteran's discharge was not due to a disability incurred or aggravated in the line of duty, and thus he is not eligible for burial in a VA national cemetery. The case is being remanded for further consideration.

The Board denied an initial, compensable evaluation for left testicular atrophy on an extraschedular basis as the evidence did not show significant functional restrictions or related factors such as marked interference with employment or frequent periods of hospitalization.

The Board found that the Veteran's overpayment of VA educational assistance benefits in the amount of $31,340.10 was properly created due to a fraud scheme perpetuated by sixty Veterans enrolled at RMTU.