Other conditions Board decisions

The Veteran's claim for payment or reimbursement of unauthorized medical expenses at Dominican Hospital from May 5, 2004, to May 14, 2004 is granted due to a reasonable doubt raised by the evidence that all necessary criteria have been met.

The Board has remanded the case for further development, including seeking service department verification of the appellant's claimed active service in World War II and providing the appellant with notice as to his claim for a one-time payment from the Filipino Veterans Equity Compensation Fund. The case will be readjudicated after these actions.

The Board found that the Veteran's cause of death, neutropenic sepsis due to acute myelogenous leukemia and myelodysplastic syndrome, was not related to his military service or any service-connected condition.

The Veteran's claim for a waiver of overpayment is being remanded due to the need for a hearing.

The Veteran's genitourinary disability has not been productive of renal dysfunction for any period, and thus a higher rating is not warranted. The criteria for referral to the Under Secretary for Benefits or Director of Compensation and Pension Service have not been met.

The Veteran's right foot tarsal tunnel syndrome is currently rated at 10 percent, and the Board found no evidence of severe incomplete paralysis warranting a higher rating. The symptoms are primarily pain and instability.

The Board has ordered the case back to the RO for further development, including a new VA examination and review of the claims file.

The Veteran's appeal is being remanded for further development, including obtaining medical records and conducting VA examinations to assess the severity of his service-connected disabilities.

The Veteran's claim for a temporary total disability rating based on the need for convalescence following a right foot hallux valgus correction with Chevron osteotomy and bunionectomy was denied as service connection is not in effect for hallux valgus or any similar disability.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the Veteran's claim for a disability rating in excess of 30 percent for ulnar nerve pathology of the right elbow. The case is being remanded to attempt to obtain treatment records from Liston Chiropractic Health and Wellness, fee-based physical therapy treatment records, and any VA treatment records.

The Veteran's claim for service connection for respiratory problems due to asbestos exposure is dismissed. The Board has granted the Veteran's claim for service connection for his right leg disability, finding that it is related to his military service.

The Board denied the appellant's request to restore compensation benefits for depressive neurosis with duodenal ulcer prior to March 30, 2002 due to failure to report for a scheduled VA examination in July 1977. The appeal is based on service connection theory and no presumption or exposure basis was provided.

The Veteran's appeal is remanded for a new examination and consideration of staged ratings due to his sigmoid colon diverticula.

The Veteran's former spouse and her six minor children are contesting the decision denying their claim for apportionment of the Veteran's compensation benefits. The appeal is being remanded to ensure proper procedural steps have been followed.

The Veteran's claims for compensation under the provisions of 38 U.S.C.A. § 1151 are being remanded due to outstanding records from private and VA facilities that need to be obtained.

The Veteran's claim of clear and unmistakable error in a June 24, 1980 rating decision denying service connection for sprue was dismissed as the original decision was subsumed by a later Board decision.

The Veteran withdrew her claims for increased evaluations of knee and hip conditions, as well as for service connection for an acquired psychiatric disorder.

The Veteran's appeal of the validity of a debt in the amount of $451.48 from overpayment of MGIB education benefits for on-the-job training is dismissed as there are no longer allegations of errors of fact or law to consider.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded to the AOJ for review of new evidence and preparation of a supplemental statement of the case.

The Board denied the appellant's claim as she is not recognized as a surviving spouse for VA death benefits purposes due to the legal impediment of her marriage being invalid under Philippine law.