Other conditions Board decisions

The Board denied the waiver of recovery of an overpayment of Dependency Indemnity Compensation (DIC) benefits in the amount of $2,812.28 due to lack of fraud, misrepresentation or bad faith on the part of the appellant.

The appeal has been dismissed due to the death of the appellant.

The Veteran's esophagogastric junction adenocarcinoma was not incurred in or aggravated by active duty military service, including herbicide exposure; nor may it be presumed to have been incurred therein.

The Veteran's cystic lesion, status post removal, of the left femoral neck is currently rated at 10 percent. The Veteran's left fibular arthralgia, status post excision, is currently rated as noncompensable.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for residuals of upper and lower spine injuries, including arthritis. However, it is unclear whether these conditions are related to service.

The Board found that the Veteran's death was not caused by VA medical treatment and did not result from fault on the part of VA. The Appellant's claims were denied.

The Board has determined that the Veteran's service connection claim for a disability involving his left lower extremity is granted, with no specific rating assigned and no effective date provided. The decision also addressed the issue of service connection for a low back disorder but found it not at issue due to the Veteran addressing only his left lower extremity issues in his appeal.

The Board has determined that the appellant did not file a timely notice of disagreement within the required 60-day period following the October 2006 denial letter, and thus dismissed her appeal.

The Veteran's appeal has been dismissed due to his death, and the Board does not have jurisdiction to adjudicate the merits of this claim.

The Board has reopened the Veteran's claim of entitlement to service connection for laryngeal carcinoma and finds that new and material evidence has been submitted. The claim is now remanded for further development.

The Board has determined that the reduction of the Veteran's non-service-connected pension benefits due to counting of wages was proper, and thus denied the appeal.

The appellant's eligibility for educational assistance benefits under the MGIB-SR program was denied because he was no longer participating in the Selected Reserves and his eligibility expired in March 2005.

The Veteran was awarded a permanent and total disability rating based on service-connected disability, effective June 28, 2006. The appellant is the spouse of this Veteran and has previously received 45 months of Dependents' Educational Assistance benefits under Chapter 35 as a dependent of her father. She is now seeking additional education benefits for herself. However, she does not meet the criteria due to having already exhausted her entitlement.

The Board has determined that the Appellant's claim for DEA benefits beyond June 2, 2005 is granted based on her eligibility as a spouse of a permanently and totally disabled veteran.

The case is being remanded for the RO to provide the appellant with the amended regulations governing burial and internment allowances, and then to return it to the Board.

The Board has remanded the case for further development and consideration, including obtaining a copy of the Veteran's claims file and conducting an Education Compliance Survey.

The Veteran's claim for additional educational assistance benefits under the Reserve Educational Assistance Program (REAP) is being remanded due to the need for verification of his periods of service and reconsideration under new legislation.

The Veteran's claim for payment or reimbursement of unauthorized medical services provided by Florida Hospital between January 4 and 12, 2005 was denied as the criteria for emergency care under the Veterans Millennium Healthcare and Benefits Act were not met. The Veteran could have been safely transferred to a VA facility after his initial stabilization on January 3, 2005.

The Veteran's claim for an increased rating for laryngitis is being remanded due to the need for additional development, including a VA examination.

The Board has determined that the Veteran's service-connected scars of the left arm and chest wall do not warrant a compensable evaluation, as they are not shown to cause any functional impairment or limitation. The initial noncompensable ratings assigned in August 2007 remain unchanged.