Other conditions Board decisions

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for residuals from a left axillary lymph node biopsy performed at VA in June 2003, alleging that it was due to carelessness or fault on the part of VA. The case has been remanded for further examination and opinion.

The Board has granted an initial evaluation of 40 percent for uterine fibroid tumors from September 13, 2004 to December 19, 2007. From July 2, 2008, the Veteran is rated at 30 percent under Diagnostic Code 7618 due to removal of her uterus and not related to service-connected fibroid tumors.

The Veteran's cause of death, acute promyelocytic leukemia, was not found to be related to his active duty service or a service-connected disability.

The Veteran's notice of disagreement was not received within one year of notification of the October 2006 decision that denied his claim for payment of unauthorized medical expenses incurred on November 22, 2005.

The Veteran's income exceeds the limit for receiving nonservice-connected pension benefits, as his combined family income has consistently exceeded the applicable limits since he requested reinstatement in January 2008.

The Veteran's claim for service connection for Chronic Lymphocytic Leukemia (CLL) is being remanded due to the need to verify his alleged exposure to herbicides during his service in Guam and Okinawa, Japan. The appeal will be reconsidered based on the verification results.

The Veteran's skin condition is currently under review, and the Board has ordered additional medical examination to determine if his current symptoms are related to service. The appeal will be remanded for further development.

The Board found that the Veteran's claim for an earlier effective date for dependency was not supported by evidence submitted in a timely manner, and thus denied his request.

The Veteran's unauthorized medical expenses claim for treatment at Riverside Methodist Hospital on July 24, 2009 was denied because he did not receive VA medical services within the required 24-month period preceding the private hospitalization.

The Board finds that the award of service connection for panic disorder with agoraphobia was not clearly and unmistakably erroneous, thus the severance of this condition from May 1, 2010 is improper.

The Veteran's appeal is being remanded for further development, including obtaining medical records and a VA examination to assess the severity of his service-connected right leg disability.

The Veteran's claim for an extension of the delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code, beyond August 1, 2008 is being remanded due to the need for additional notice and assistance in obtaining relevant evidence.

The Board has reopened the claim of service connection for TMJ dysfunction due to new and material evidence. However, the Veteran's current TMJ dysfunction is not related to his military service.

The Board found that the overpayment of VA education benefits was valid and denied a waiver to recover $1,601.60 due to lack of fault on the Veteran's part, no undue hardship, and unjust enrichment.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses related to a radical prostatectomy is denied as there was no prior authorization from VA and the treatment did not meet the criteria for emergency treatment.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for adjudicating the merits of the claim.

The Veteran's claim for service connection for a sleep disorder, other than sleep apnea is being remanded due to the need for further development including a sleep study. The issue of entitlement to service connection for sleep apnea has also been referred back to the RO.

The Veteran's appeal for initial compensable ratings for fibrocystic disease of the bilateral breasts and anemia was denied. The Board found that the symptoms were encompassed in the existing rating criteria.

The Veteran's claim for an increased disability rating and earlier effective date for his service-connected detached retina of the left eye was denied. The Board found that the evidence did not support a higher initial rating or an earlier effective date.

The Veteran's appeal has been dismissed as he requested the withdrawal of his appeal for a rating in excess of 20 percent for residuals of a fracture of the left scapula with chronic pain syndrome.