Other conditions Board decisions

The Veteran's claim for educational assistance benefits under Chapter 30 (MGIB) for an on-the-job training program with the U.S. Customs and Border Protection was received on July 19, 2010. The effective date cannot be earlier than one year before the date of claim due to VA regulations. Therefore, the appeal is denied.

The Veteran's private medical services on February 13, 2009, July 8, 2009, and July 9, 2009 were initially provided in a medical emergency. However, the VAMC determined that he was stable enough to be transferred by these dates.,Reimbursement is granted for the private medical services provided on February 13, 2009, but not for those provided on July 8, 2009 and July 9, 2009.

The Veteran's claim for reimbursement of medical expenses incurred at a private facility in March 2009 is denied as he did not meet the eligibility criteria under VA regulations.

The Veteran's claim for payment or reimbursement of medical expenses incurred at Drumright Regional Hospital on January 1, 2010 was granted. The service connection theory is direct.

The case is being remanded due to the appellant requesting a new video conference hearing before the Board at the local RO. The appellant has been notified of the scheduled hearing and given the option to waive the required 30 days for issuance of notice prior to the hearing.

The case is being remanded for additional development, including obtaining VA treatment records and arranging for a psychiatric examination to determine the current severity of the Veteran's service-connected adjustment disorder, unspecified, and whether he is unable to secure or follow a substantially gainful occupation due to his service-connected disability.

The Veteran's unauthorized medical expenses incurred on April 14, 2009 at Cookeville Regional Medical Center are granted as the criteria for payment or reimbursement have been met.

The Board found that the $3,000 overpayment was due to an administrative error and ruled in favor of the appellant, finding his request for a waiver timely.

The Board has reopened the Veteran's claim of entitlement to service connection for a left hip disability and finds that new and material evidence has been received. The Veteran is entitled to a VA examination to determine the etiology of his left hip disability, including whether it was clearly and unmistakably not aggravated by active service.

The Board has remanded the case due to a need for clarification regarding individual authorization for the Veteran's eye examination at Vision Marketplace in March 2010, and whether VA facilities were geographically inaccessible.

The Board found that the Veteran's current syncopal episode was not related to his active service, and thus denied his claim for service connection.

The Board has determined that recovery of the overpayment would violate the principles of equity and good conscience, as it would result in undue financial hardship to the appellant. The decision grants a waiver of recovery for the $6,960 overpayment.

The Veteran's claim for an extension of the delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill) was denied as he did not meet the legal requirements to extend his eligibility period.

The Veteran's gout is characterized by pain in the bilateral great toes and repeated flare-ups of pain, but does not meet the criteria for a higher disability rating.

The Veteran's annual income exceeds the maximum limit for receipt of VA pension benefits, thus he does not meet the eligibility requirements for nonservice-connected disability pension.

The Veteran's death was attributed to cardio-respiratory arrest (CRA) and acute lymphocytic leukemia (ALL). The VA examiner concluded that the cause of death, CRA, was not related to service or Agent Orange exposure. The appellant's claim for service connection based on presumed Agent Orange exposure is denied.

The Veteran's unauthorized medical expenses incurred on March 12, 2011 were not reimbursable due to his eligibility for Medicare Part A and B.

The Board found that the Veteran's ulcerative colitis is not service-connected, as there was no evidence of its onset during active duty or within a year post-service. The claim was denied.

The Veteran's appeal is being remanded for a travel Board hearing. The Veteran requested such a hearing but has not been afforded one.

The Board has remanded the case due to insufficient evidence regarding the etiology of obesity and the impact it may have on TDIU.