Other conditions Board decisions

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that she was not married to him at the time of his death and thus did not meet the legal requirements for such status.

The Board has determined that the overpayment of $14,271.16 was improperly created due to the Veteran's status as a fugitive felon and restored his VA compensation benefits for the period from October 6, 2006, to March 31, 2007.

The Board has remanded the case due to a need for VCAA-compliant notice and additional development of evidence.

The Veteran's claim for waiver of an overpayment of disability compensation benefits was denied because the debt was created due to his failure to notify VA of his divorce, which resulted in him receiving additional benefits he was not entitled to. The Board found that little fault lay with VA and that recovery would not create undue hardship or defeat the purpose of the program.

The Veteran's appeal for service connection for diverticulitis and colitis, as well as rheumatoid arthritis, was granted. The initial rating assigned is 10 percent effective from June 1, 2008.

The Veteran's appeal is being remanded to obtain his complete service personnel records and any VA claims files, including the term of years he committed to when he first entered onto active duty and the reasons for his 'unsuitability' discharge. The claim will be readjudicated based on 38 U.S.C.A. � 3011(a)(1)(A)(ii); 38 C.F.R. � 21.7042(a)(5).

The Board finds that the overpayment of nonservice-connected pension benefits in the amount of $12,281.20 is invalid due to administrative error on VA's part and the Veteran was unaware of the erroneous payment.

The Veteran's appeal for an increased rating for his right distal humerus fracture was granted, but the initial assigned rating of 20 percent is maintained. The VA examiner found that the Veteran had limited flexion to 90 degrees and extension to 45 degrees, warranting a separate compensable rating based on limitation of extension.

The Veteran's claim for service connection for tonsil cancer due to Agent Orange exposure is being remanded as the RO needs to schedule a Travel Board hearing at the earliest available opportunity.

The Veteran's appeal is being remanded to the RO in Indianapolis, Indiana for scheduling a videoconference hearing before a Veterans Law Judge.

The Board dismissed the appeal due to the Veteran's death, as it has no jurisdiction to adjudicate the merits of the claim.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from December 12 to 13, 2008, at Lancaster Community Hospital in Los Angeles, California is denied as he does not meet the eligibility criteria under VA regulations.

The Board denied the appellant's claims for payment or reimbursement of unauthorized medical expenses incurred at Blake Medical Center on February 5, 2009 and from February 8 to February 11, 2009. The reasons were that the claims were not filed in a timely manner (within 90 days after the treatment) and did not meet the criteria for reimbursement under the Veterans Millennium Healthcare and Benefits Act.

The Board found that the appellant's husband did not have qualifying active service for purposes of VA death benefits and denied her claim.

The Board has determined that the Veteran's TMD with bruxism warrants a 10 percent disability rating, as his inter-incisal range of motion is limited to 40 mm due to additional functional loss from soreness and fatigue on repetitive use of the jaw muscles. The decision also notes that any higher evaluation on an extra-schedular basis is not warranted.

The Veteran's appeal is being remanded for additional development, including obtaining VA clinical records and Social Security Administration (SSA) disability benefits records. A VA medical examination will also be scheduled to determine the current severity of his service-connected left ventricular hypertrophy.

The Veteran was granted an initial 10 percent rating for right hip trochanteric bursitis from December 8, 2009 to November 8, 2010 and a rating in excess of 10 percent beginning November 9, 2010.,An initial compensable disability rating was granted for left hip trochanteric bursitis beginning December 8, 2009.

The Veteran's cold injury residuals of the hands and feet are currently rated as 30 percent disabling, with separate ratings for each hand and foot under Diagnostic Code 7122.

The Veteran's service-connected onychomycosis of the toenails does not meet the criteria for a compensable rating under VA's skin disorders evaluation criteria.

The Veteran's claim for an increased evaluation of his left hip disability was denied, and service connection for cervical spondylosis was also denied. The Board found that the evidence did not support a higher rating or service connection.