Other conditions Board decisions

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred in July 2010 at Ochsner Medical Center has been dismissed due to the death of the Veteran during the appeal process.

The Veteran's unauthorized medical expenses incurred at Bethesda Memorial Hospital on November 9, 2009 are being remanded for further review due to the need to determine if she was enrolled in a private insurance plan and whether VA or other Federal facilities were feasibly available.

The Board has denied the appellant's claim for an extension of his delimiting date for education benefits under Chapter 30, as he did not provide evidence showing that he was prevented from initiating or completing his chosen program due to a physical or mental disability.

The Veteran's appeal was denied as she has no legal entitlement to additional VA educational assistance benefits under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill).

The Veteran was treated for Bell's Palsy at Lake Health on July 21, 2010. The treatment was considered emergency care as the initial impression was a stroke, which was later ruled out and found to be Bell's Palsy. The nearest VA facility was not feasibly available, and the Veteran met all other criteria for payment under the Veterans Millennium Health Care and Benefits Act.

The Veteran's unauthorized medical expenses incurred during his hospitalization at Munroe Regional Medical Center from November 16, 2010 to November 19, 2010 are denied.

The Board has granted an effective date of June 6, 2006 for the award of VA improved death pension benefits.

The Veteran's appeal is remanded due to a potential error in the calculation of his original educational benefits under the Montgomery GI Bill, and he may be entitled to additional educational assistance under the Post-9/11 GI Bill.

The Board has remanded the case due to changes in the Veteran's financial circumstances, and he is requested to submit an updated Financial Status Report (VA Form 5655).

The Veteran's claim for service connection for TMJ is being remanded due to the need for a VA examination and review of additional evidence.

The Board finds that the Appellant is not eligible to be recognized as a dependent of the Veteran and therefore cannot receive VA death benefits, including DIC, pension, or accrued benefits.

The RO denied the appellant's claim for basic eligibility to receive a transfer of educational benefits under Chapter 33, United States Code due to lack of evidence that the Veteran had applied through the TEB website. The case is REMANDED for further action.

The Veteran's claim for higher education benefits under the Post-9/11 GI Bill was denied as her creditable service period did not exceed 6 months, warranting a maximum payment rate of 50 percent.

The Board has determined that new and material evidence has been received to reopen the appellant's claim of service connection for the cause of the Veteran's death. The Veteran was exposed to herbicides during his military service, which is presumed under VA regulations. However, the cancer found in the Veteran's nasopharynx with metastasis was not shown to be related to his time in Vietnam or any other service-connected condition.

The Board has remanded the case due to the need for additional VA medical records regarding treatment provided in July 1992 and September 2001.

The Board finds that the overpayment of VA compensation benefits in the amount of $48,344.00 was properly created and grants a partial waiver for $33,344.00, but denies recovery of the remainder.

The Veteran's service-connected lichen simplex chronicus was found to affect more than 5% but less than 20% of his entire body, warranting a noncompensable rating prior to November 9, 2011. As of that date, the condition is rated at 10 percent.

The Veteran's osteomyelitis of the right tibia and fibula has not been manifested by active infection or sinus drainage within the past five years, thus warranting a 30 percent rating.

The Veteran's unauthorized medical expenses incurred from May 22, 2012 to May 24, 2012 were not eligible for reimbursement under VA regulations due to lack of prior authorization and failure to meet all eligibility criteria.

The Board has granted service connection for urethral stricture disease and denied service connection for hypospadias. The Veteran's acquired psychiatric disability, including PTSD, is also service connected.