Other conditions decisions — 2015

The Board has determined that the appellant's bad conduct discharge from military service should be reconsidered due to new evidence received, and a VA opinion is needed to determine if he was insane at the time of his offenses.

The Veteran's claim for service connection for chronic lymphocytic leukemia, claimed as due to Agent Orange exposure, is being remanded due to the need to determine if he was exposed to Agent Orange during his service aboard the USS Okinawa in Vietnam.

The Veteran seeks service connection for his right hip condition. The VA examination did not provide a clear opinion on the relationship between the current right hip condition and service or any service-connected disability, so a new examination is needed.

The VA determined that the Veteran's bilateral knee disability is not service-connected and denied his claim.

The Board found no current diagnosis of a bilateral leg disorder manifested by leg cramps and denied the Veteran's claim for service connection.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses associated with his treatment at Mercy Medical Center in Des Moines, Iowa, from February 4, 2013, to February 5, 2013, is denied as he did not receive VA medical services within the required 24-month period preceding the emergency.

The Veteran's mood disorder was initially rated at 50 percent effective June 14, 2013. The rating has been maintained at this level since then.

The Board has reopened the appellant's claim of entitlement to service connection for the cause of the Veteran's death, finding that new and material evidence has been received. The causes of death listed on the Veteran's certificate of death are metastatic adenocarcinoma of colon and metastatic disease of bone and liver. However, there is no evidence linking these conditions to his period of active military service.

The Veteran's claim for service connection for a respiratory/lung disorder as a chronic disability resulting from an undiagnosed illness due to Gulf War service is being remanded for further clarification and development.

The Veteran's medical reimbursement claim for treatment at Southwest General Hospital on June 22, 2014 is being remanded due to the need for clarification regarding whether VA facilities were feasibly available and if his condition was emergent.

The Board denied the appellant's claim for apportionment of the Veteran's disability compensation payments for children in her custody, finding that there was not enough evidence to show financial hardship or that the Veteran reasonably discharged his responsibility for support.

The Veteran's claim for a rating in excess of 10 percent for right hip degenerative joint disease is being remanded due to the need for additional development, including obtaining updated private and VA treatment records.

The Board has decided to remand the case for further development, including obtaining SSA records and scheduling a VA examination.

The Veteran's appeal is being remanded due to the need for additional development regarding fugitive felon status under new VA procedures.

The Veteran's trigeminal neuralgia is found to be a direct result of his service-connected septorhinoplasty, which became manifest in service and has persisted since.

The Board has remanded the case for further development, including obtaining terminal hospital records and providing a medical opinion regarding the onset of the Veteran's stomach cancer. The claim will be reconsidered after these actions.

The Board has determined that the appellant's character of discharge is a statutory bar to VA benefits due to his AWOL period, and thus denied the claim.

The Board has determined that the Veteran's overpayment of VA pension benefits in the amount of $33,881.00 was validly created and did not involve fraud, misrepresentation, or bad faith on his part. The creation of this debt was solely due to the Veteran's failure to report SSA income as required by VA. As a result, repayment would cause undue hardship for the Veteran and his family, defeating the purpose of the VA pension program. Therefore, the Board granted the waiver of recovery of the overpayment.

The Board found that the Veteran's bilateral cataracts were not caused or aggravated by his service-connected diabetes mellitus and thus denied service connection for this condition.

The Veteran seeks service connection for a respiratory disability, which the Board has remanded due to inadequate VA examination and need for clarification of the relationship between his current respiratory condition and service.