Other conditions Board decisions

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of a T-12 fracture with surgery performed at the Medical University of South Carolina in January 2003 was denied as there is no evidence that the disability resulted from carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The Board has determined that the overpayment of $10,330 in nonservice-connected pension benefits was validly created due to the veteran's failure to report his wife's Social Security Administration income. The claim for waiver of recovery is denied as there is no indication of fraud, misrepresentation, or bad faith on the part of the veteran.

The Board found that the overpayment of VA educational assistance benefits was not validly created, and thus allowed the veteran's appeal.

The Board denied the appellant's claim for VA death benefits due to a lack of qualifying service, as determined by the Department of Army.

The veteran's claim for a compensable evaluation for his bilateral defective hearing is remanded due to the need for a contemporaneous examination. His claim for tinnitus, which he testified about during his hearing, is not currently before the Board.

The Board has determined that the veteran's cognitive disorder is not related to his active service and therefore denied his claim for service connection.

The Board found that the veteran's bilateral blindness is not a result of any established event, injury, or disease during active service. The evidence does not support a finding of direct service connection.

The Board has determined that the veteran did not meet the service requirements for death pension benefits due to his short period of active duty and because he was not discharged or released from service for a service-connected disability. The RO is instructed to obtain official documentation of the veteran's dates of service, request any additional evidence from the appellant, and then readjudicate the claim in light of all pertinent evidence.

The Board denied an increase in the veteran's rating for peptic ulcer disease, which was initially rated at 20 percent. The veteran argues that this decision contained CUE.

The veteran's unauthorized medical expenses incurred at Fawcett Memorial Hospital from July 17, 2005 to July 20, 2005 are now eligible for reimbursement due to the presence of a medical emergency and the lack of feasible availability of VA facilities.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on April 3, 2005 was denied because the emergency room visit did not meet the criteria for an emergency situation as per VA regulations.

The Board dismissed the appeal as there is no case or controversy over which it has jurisdiction due to a previous final rating decision on an earlier effective date for TDIU.

The Board has determined that a timely Notice of Disagreement was filed regarding the December 1994 administrative decision. The case is now remanded for readjudication and issuance of a supplemental statement of the case.

The veteran's appeal for an annual clothing allowance was dismissed due to his failure to timely submit a VA Form 9, Substantive Appeal.

The Board denied an increased rating for the veteran's service-connected strain and myositis of lumboparavertebral muscles, currently evaluated at 20 percent. The evidence did not show severe limitation of motion or severe lumbosacral strain.

The Board denied the veteran's claims for service connection of a right foot disorder and an increased rating for left ankle fracture residuals, finding no new and material evidence to reopen the claim for service connection. The left ankle disability is currently rated at 10 percent.

The veteran's claim for a compensable rating prior to May 22, 2002, and a rating in excess of 10 percent since that date were denied. The effective date is not specified.

The Board has determined that the veteran's service-connected residuals of a laparoscopy with adhesions do not warrant an evaluation higher than 10 percent, as her symptoms are controlled by medication.

The Board has determined that new and material evidence has been received to reopen the veteran's previously denied claims of service connection for a right inguinal hernia and prostate condition. The veteran's right inguinal hernia is found to be attributable to his period of active service, while his prostatitis and benign prostatic hypertrophy are also found to be related to his military service.

The Board denied the veteran's appeal as VA compensation in the amount of $1,325.00 was properly recouped to account for her receipt of military pay for 58 days of drill training during fiscal year 2002.