Other conditions Board decisions

The Board found that the appellant, who is the Veteran's adult daughter, does not meet eligibility requirements as a child for VA purposes due to her age and did not become permanently incapable of self-support before the age of 18. Therefore, she is not entitled to VA death benefits.

The Board found that the Veteran's overpayment debt was validly created due to his failure to notify VA of his divorce and remarriage, resulting in improper payment of a spousal dependency allowance. The Committee denied the waiver of this debt.

The Board has determined that the Veteran's additional disability was not caused by VA care, treatment, or examination and is not due to any fault on the part of VA.

The Veteran's daughter is denied payment of additional accrued benefits as she does not meet the eligibility criteria for such payments.

The Board has determined that the Veteran currently suffers from a central nervous system condition, which is service-connected.

The Board found that the Veteran's income exceeded the maximum annual pension rate for non-service connected disability pension benefits, thus denying his claim of entitlement to non-service connected pension benefits.

The Veteran's appeal is REMANDED to the AOJ for additional development, including scheduling a VA examination and obtaining outstanding records.

The Veteran's unauthorized medical expenses for emergency room treatment at Euclid Hospital on June 4, 2010 are granted as the services were rendered in a medical emergency of such nature that delay would have been hazardous to life or health and no VA facilities were feasibly available.

The Veteran's service-connected short segment Barrett's esophagus was not shown to meet the criteria for a higher rating, as he did not exhibit symptoms such as vomiting, material weight loss and hematemesis or melena with moderate anemia; or other symptom combinations productive of severe impairment of health.

The appeal is being remanded due to the appellant not having been afforded her requested video-conference hearing before a Veterans Law Judge.

The Board denied the Veteran's appeal, finding that the period for receiving a transfer of remaining entitlement to educational assistance benefits under 38 U.S.C.A. Chapter 33 was correctly calculated.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on April 10, 2010 at Marshall Medical Center in Placerville, California is being remanded due to the need for clarification regarding Medicare coverage and additional documentation.

The Veteran received inpatient treatment from AOMC for the period of December 16, 2010 through December 28, 2010. The VA denied payment for this care due to the Veteran's family refusing a transfer on December 15, 2010. However, the VAMC asserts that the Veteran was stable for transfer and refused the transfer. The appeal is remanded as there are missing records from both parties.

The Board has determined that the appeal is remanded due to the need for additional development of records, including obtaining copies of a purported VA Form 21-674 and letters from VA requesting information. The case will be readjudicated based on all evidence received.

The Veteran's dysthymic disorder is currently rated at 30 percent, the minimum rating available under the General Rating Formula for Mental Disorders. The evidence does not support a higher initial rating as his symptoms do not meet or approximate the criteria for a 50 percent disability rating.

The Board has granted service connection for the Veteran's right hip and left hip disorders, finding that they are related to his service-connected lumbar spine disorder.

The Board found no evidence to support the Veteran's claim of an ulcer disorder related to his active service, and denied the claim.

The Veteran's claim for service connection for residuals of a dental injury for compensation purposes is being remanded due to inadequate notice and examination. The AOJ will provide specific notice regarding VA dental compensation claims, request authorization for treatment records from Doctors Peevy and Catrell, and schedule the Veteran for an adequate VA examination.

The Board has granted a 30 percent rating for the Veteran's right superior oblique palsy, effective August 1, 2007.

The Veteran's moderate L5-S1 spondylosis with L5-S1 spondylolisthesis does not meet the criteria for a higher disability rating as it does not result in incapacitating episodes or significant limitation of motion.