Other conditions Board decisions

The reduction in the rating for the left clavicle fracture with residual left rotator cuff syndrome from 30 percent to 20 percent was improper and is void ab initio.

The Veteran's countable income exceeded the maximum annual rate for non-service-connected pension benefits, resulting in denial of his claim.

The Veteran's death certificate shows he died on November [redacted], 2009. The appellant filed a claim for accrued benefits, seeking payment of $660.00 for assistance with activities of daily living. However, the appellant is not an eligible claimant for accrued benefits as they are not the Veteran's surviving spouse, child, or parent and did not bear the expense for his last sickness or burial.

The Veteran's cause of death is esophageal cancer, which the appellant contests as being related to his Vietnam service. The RO needs to provide proper notice and obtain missing medical records before deciding on the claim.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that she and the Veteran were legally divorced at the time of the Veteran's death in November 2009.

The Board has granted the Veteran's claim for service connection for a right wrist disorder, diagnosed as tendonitis, finding that his condition was incurred in service.

The Board has granted an effective date of December 16, 2003 for apportionment of the Veteran's compensation benefits. The decision is based on the receipt of an informal claim by the Veteran within one year of a VA notice informing him of his appellate rights and apportionment for his dependents.

The Veteran's right great toe fracture resulted in moderate symptoms including pain, spurs, and ingrown toenail. His current rating of 10% for residuals of the fractured right great toe is maintained as his condition does not meet criteria for a higher rating.

The Board has granted the waiver of overpayment of VA educational assistance benefits in the amount of $5,450.70 due to no fault on the part of the appellant and undue hardship resulting from repayment.

The Board dismissed the appeal due to the death of the appellant.

The Board has remanded the case for additional development, including scheduling a personal hearing and providing the appellant with a supplemental statement of the case.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses due to emergency room treatment at Tallahassee Memorial Hospital, finding that the services were not rendered in a medical emergency and VA facilities were feasibly available.

The Veteran's request for a hearing has been advanced and the case is being remanded to the RO for further action, including scheduling a videoconference or Travel Board hearing.

The Board has remanded the case due to insufficient medical evidence and the need for a VA examination regarding the Veteran's claim of service connection for residuals of cold injury of the upper extremities.

The Board found that the appellant's condition was not emergent and VA facilities were feasibly available, thus denying his claim for payment of unauthorized medical expenses incurred at LMH on September 30, 2010.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred in September 2010 was denied because the Veteran did not meet one of the necessary requirements under 38 U.S.C.A. § 1725, specifically that he had to have received medical care from VA within the 24-month period preceding the services rendered by a private provider.

The Veteran's claim for payment or reimbursement of medical services provided by Florida Hospital Medical Center is denied as the Veteran has other health care coverage.

The VA denied payment or reimbursement for medical services provided at Rochester General Hospital on August 21, 2011 because the treatment was not for a service-connected condition and since he had another recourse (Medicare) to cover the costs.

The Board has remanded the case for additional development, including obtaining medical opinions regarding whether the Veteran's myotonic dystrophy Type 2 is a disease or defect and if so, whether it was clearly and unmistakably not aggravated by military service.

The Board has ordered a remand to address the Veteran's claim for service connection for residuals of carcinoma of the maxillary sinuses. The remand requires further examination and consideration of her in-service sinus/eye pressure/headache treatment, as well as her representative's theory that she developed this cancer due to medication prescribed for her service-connected paranoid schizophrenia.