Other conditions Board decisions

The Veteran's appeal for TDIU is being remanded to allow the RO to schedule a Travel Board hearing.

The Veteran requested reinstatement of his VA benefits, which had been terminated due to his status as a fugitive felon. The case is being remanded for further development and readjudication.

The Board has determined that the appellant and the Veteran had a deemed valid marriage due to living together continuously for more than one year prior to the Veteran's death, despite Michigan not recognizing common law marriages. Therefore, the appellant is recognized as the surviving spouse of the Veteran for purposes of VA death benefits.

The Veteran's death occurred prior to the enactment of the American Recovery and Reinvestment Act of 2009, which established a one-time payment fund for veterans who served in the United States Armed Forces during World War II. The appellant is not eligible as her husband did not have qualifying service with the U.S. Armed Forces.

The Board denied the Veteran's claim for an effective date earlier than December 1, 2009, for payment of additional compensation for his dependent spouse. The decision stated that the earliest possible effective date was November 3, 2009, and any earlier dates were not supported by evidence.

The Veteran's request for a Travel Board hearing has been granted, and he must be provided an opportunity to present testimony at a Board hearing before the Board may proceed with appellate review.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including in recognized guerrillas, to establish eligibility for benefits from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal is remanded to determine if expenses incurred at the Pueblo Regent Independent Senior Living Community can be deducted as a medical expense for determining his income eligibility for special monthly pension based on the need for aid and attendance. The RO will recalculate the Veteran's income after considering this deduction.

The Veteran's appeal is being remanded for a hearing before the Board at the RO. The claim of entitlement to a total disability rating based on individual unemployability remains pending.

The Veteran's unauthorized medical expenses incurred at a private facility for a non-service-connected condition were denied as the Veteran has Medicare coverage, which constitutes health-plan contract coverage.

The Board found no etiological relationship between the Veteran's bilateral elbow tendonitis and active service, concluding that his current disorder is more likely due to a pre-existing condition or new evidence.

The Veteran's unauthorized medical expenses incurred at a private hospital on September 28, 2010 were not rendered in an emergency situation. The Board found that the evidence did not support reimbursement under either Section 1725 or 1728.

The Board denied the appellant's claim for education benefits under Chapter 35, Title 38, United States Code (Dependents' Educational Assistance Program) for the periods of August 3, 2001 to September 18, 2002, and from June 11, 2003 to May 9, 2004, for the Physician Assistant program at the University of Texas Health Science Center as part of the Bachelor of Science program due to lack of SAA approval.

The Board has denied the Veteran's claims for service connection for a pulmonary disorder, other than asbestosis, with related liver and spleen disorders, and for hypertension. The Veteran was seen for respiratory complaints in service but no current evidence supports these conditions being linked to his service-connected asbestosis or asbestos-related lung disease.

The Veteran's muscle aches and fatigue have been found to be due to an undiagnosed illness, with the benefit of doubt given in his favor.

The Veteran's claims for service connection for nail fungus of the hands and feet are being remanded due to a need for further examination and clarification.

The Board has remanded the case for additional development, including a VA examination of the Veteran's cervical spine and clarification of the opinions provided in previous examinations. The issues include service connection for residuals of a neck injury and whether new and material evidence has been received to reopen a final disallowed claim for gastrointestinal disorders.

The Veteran's service-connected residuals of left basal ganglia hemorrhage were rated at 70 percent prior to October 23, 2008 and in excess of 70 percent beginning October 23, 2008. The appeal was denied as the criteria for a higher rating were not met.

The Board has determined that the Veteran does not have a current disability of bilateral leg, and thus service connection for this condition is denied.

The Veteran does not have a current skin disability that is attributable to his active service, including exposure to herbicides in service. The Board finds the Veteran's claim for service connection denied.