Other conditions decisions — 2016

The Board found that the appellant's service did not entitle him to VA benefits due to his discharge under conditions other than dishonorable, but concluded he was a veteran as his conduct during active duty did not amount to an offense of moral turpitude or willful and persistent misconduct.

The Veteran's claim for a higher rating for his service-connected residuals of a matrixectomy, left hallux is being remanded due to the need for additional examination and assessment.

The Veteran's claim for service connection for back strain is being remanded due to the need for additional development, including obtaining private medical records and SSA disability benefits information.

The Veteran's National Guard service from October 1, 2006 to March 29, 2007 and October 1, 2007 to September 30, 2008 was determined to be ADSW for Mobilization and Deployment Readiness. This service is considered creditable under the Post-9/11 GI Bill program, resulting in a 100% rating.

The Veteran's appeal is remanded due to the need for additional VA examinations and testing, including cardiopulmonary exercise testing.

The Board has remanded the case for additional development and notification, including providing proper notice of new and material evidence requirements.

The Board denied the Veteran's claim for retroactive payment of educational benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill) because her application was received more than one year after she completed her program of education.

The Veteran's Bell's Palsy is not considered to be caused by VA medical treatment, and the Board finds that her claim for compensation under 38 U.S.C.A. § 1151 fails.

The Veteran's claim for service connection for IHD was received by VA on April 15, 2008. Service connection was granted based on presumptive exposure to herbicide agents and the effective date is set at the date of receipt of the claim.

The Board has determined that service connection for bilateral shin splints is granted, and the claim for an increased rating for degenerative disc disease of the lumbosacral spine remains on appeal.

The Board finds that the Veteran's death was not caused by a disability or injury incurred in service, and therefore denies service connection for the cause of the Veteran's death.

The Veteran's appeal is being remanded due to the need for a Statement of the Case (SOC) on whether retroactive compensation was properly calculated.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected right foot disability. The Veteran seeks an increased rating for this condition.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for a heart attack allegedly caused by VA medical treatment in December 2003 and February 2004. The Board has decided to remand the case for further development, including scheduling a VA examination.

The Board has granted service connection for right hip arthritis and a noncompensable rating was assigned for the skin rash. The Veteran is requesting an initial compensable rating for his skin rash, which requires issuance of a statement of the case.

The Board has determined that the Veteran's current non-specific urinary tract infection is related to service and grants service connection for this condition.

The Veteran's cause of death was due to acute respiratory distress syndrome, MRSA bacteremia with sepsis, and pneumonia. Pulmonary fibrosis and bradycardia with placement of a pacemaker contributed to the Veteran's cause of death.

The Board found that the overpayment was solely due to a VA error and granted waiver of recovery, as doing so would be against equity and good conscience.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to insufficient evidence verifying his claimed service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and providing a VA examination to assess the severity of his service-connected spondylolysis, L5.