Other conditions decisions — 2015

The Board has determined that the appellant's character of discharge from service is a bar to VA benefits due to willful and persistent misconduct, including drug use, AWOL periods, and desertion. The appellant was not insane at the time of his offenses.

The appellant is not eligible for death pension benefits due to her income exceeding the statutory limits.

The Veteran's claim for an initial rating of 10 percent for pericarditis was granted, effective July 13, 2005. The effective date is not specified as the claim was received prior to the expiration of the appeal period.

The Veteran's skin disability claim is being remanded for additional development, including obtaining an opinion regarding the etiology of his skin disabilities and developing his exposure to ionizing radiation. His TDIU claim will be deferred until further notice.

The Veteran's unauthorized medical expenses for emergency room treatment from February 2, 2011 to February 3, 2011 were not reimbursable because his condition stabilized and VA facilities were feasibly available.

The Board found that the appellant's character of discharge was due to willful and persistent misconduct, resulting in a bar to VA benefits.

The Veteran's claims for service connection for basal cell carcinoma and memory loss are being remanded due to the need to obtain additional medical records.

The Veteran's claim for educational assistance at a higher rate under the Post-9/11 GI Bill is denied as he was not discharged from active duty due to a service-connected disability, but rather from his reserve component.

The Veteran's appeal is being remanded due to an incorrect mailing address for her scheduled Travel Board hearing. Her claim for basic eligibility for VA home loan benefits will be further considered after the hearing.

The Board has determined that there is a reasonable possibility that the Veteran's death may be related to his active duty service, including exposure to herbicides. However, further medical opinion is needed to determine if the cancer which caused the Veteran's death could be classified as a chronic B-cell leukemia and whether it was related to service.

The Veteran's appeal is being remanded to obtain updated treatment records and conduct a VA examination. The claims for increased ratings for his bilateral knee disabilities are pending.

The Veteran's claim for payment of unauthorized medical treatment provided by the appellant physician between January 11, 2008 and January 20, 2008 is denied as the Veteran did not meet one of the necessary criteria for payment or reimbursement under section 1725.

The Veteran's claim for service connection for a breathing disorder is being remanded due to the need for additional development regarding exposure to radiation, Lewisite, mustard gas, Agent Orange, and/or other chemicals during military service.

The Board has determined that the overpayment of $2,106.00 was valid and created due to the appellant's failure to notify VA of his incarceration in a county jail. The Board found no fault on VA's part and concluded that recovery would not be against equity and good conscience.

The Veteran's claim for a TDIU is being remanded due to the need for further development and consideration of whether he should be granted an extra-schedular TDIU under 38 C.F.R. § 4.16(b).

The Veteran's left eye disability, which is not productive of impairment to visual acuity or visual field, warrants a 10 percent initial disability rating under the old Diagnostic Code 6013. The current rating criteria are found adequate to describe his condition.

The Veteran withdrew his appeal concerning the issue of an overpayment in compensation benefits paid from September 2006 to September 2009.

The Veteran's appeal is being remanded to the AOJ for additional development, including a new VA examination and obtaining outstanding medical records. The claim will be adjudicated again in light of all pertinent evidence.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling a new aid and attendance/housebound evaluation if necessary. The appeal is now pending again with the AOJ.

The Board found that the amount of death pension payments for March 1, 2009 to December 31, 2009 was correctly calculated and based on calculations subtracting the number of her substantiated unreimbursed medical expenses from her countable income.