Other conditions decisions — 2015

The Veteran has additional disability of the left thigh, including pain, weakness, and muscle loss, caused by a January 2001 VA surgery to remove a left thigh mass. The criteria for compensation under 38 U.S.C.A. § 1151 are met.

The Board found that the termination of VA pension benefits for the period from December 27, 2001, to April 6, 2010, based on a mischaracterization of the Veteran as a fugitive felon was improper and restored non-service-connected pension benefits for that period. The appeal for a waiver of recovery of the overpayment of non-service-connected pension benefits in the amount of $28,031.10 is dismissed.

The Board found that the appellant's current respiratory disorders did not have their onset during his period of Active Duty for Training (ACDUTRA), and thus denied service connection.

The Veteran's death was not caused by a service-connected disability, and the Board finds that his heart disease did not worsen during his periods of active service.

The Veteran's appeal has been withdrawn by his authorized representative prior to the Board making a decision.

The Board has remanded the Veteran's claim for service connection for memory loss and dementia due to inadequate reasons and bases in the previous decisions. The case is now being returned to the AOJ for further development, including a comprehensive VA neuropsychological examination.

The Board has determined that the appellant's initial undesirable discharge for the good of the service was not a bar to VA benefits due to his upgrade to general, under honorable conditions. However, as he did not meet the criteria for insanity at the time of his offense, his character of discharge remains a bar to VA benefits.

The Board denied the Veteran's claim for an earlier effective date for dependents' benefits due to his failure to inform VA of his eligible dependents within one year of receiving a rating decision increasing his disability rating.

The Veteran's bilateral knee disabilities were granted increased ratings of 20 percent each, effective January 30, 2013.

The Board has granted service connection for residuals of a nasal fracture, finding that the Veteran sustained an injury in-service and that his current disability is related to this injury. The sinus condition claim remains pending as further evidence or clarification is needed.

The Board denied service connection for left hand arthritis and bilateral carpal tunnel syndrome, finding that the evidence did not support a link between these conditions and military service.,There is no credible evidence showing an in-service injury or incident related to these conditions.

The Veteran's disability rating for status post left 5th metatarsal/tarsal//navicular fracture was reduced from 30% to 20%, effective July 1, 2010. The RO found improvement in the disability and noted that it did not make it reasonably certain that the improvement would be maintained under ordinary conditions of life. As a result, the rating for this condition is restored to 30%.

The Board found that the appellant's discharge from service was under conditions other than honorable due to unauthorized absence, and thus his eligibility for VA compensation benefits is barred.

The Veteran's surviving spouse died in November 2008 and the appellant did not file a claim for accrued benefits based on unreimbursed medical expenses until after her mother's death. The criteria to establish accrued benefits under VA law have not been met.

The Board denied the appellant's claim for VA death benefits as she is not recognized as the surviving spouse of the Veteran.

The Board denied the appellant's request for waiver of recovery of an overpayment of VA death pension benefits, finding that she was at fault in creating the debt and retention of the overpayment would unfairly enrich her. The decision did not involve any service connection issues.

The Veteran's request for waiver of the overpayment was timely filed and thus, the appeal is granted. The claim will be further adjudicated by the RO based on the merits.

The Veteran's aggregate length of creditable active duty service after September 10, 2001 was more than 24 months but less than 30 months. Therefore, he is entitled to the 80 percent level of benefits under Chapter 33 (Post-9/11 GI Bill).

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the issues on appeal, including obtaining VA and private treatment records.

The Board has determined that the Veteran's residuals of a right foot injury, specifically microtrauma to the calcaneus, are related to his military service and grants this claim.