Other conditions decisions — 2019

The Board found that the Veteran received overpayment of Chapter 30 education benefits because she took courses not part of her approved program, and thus the debt is valid.

The Veteran's appeal for an increased rating for panic disorder with agoraphobia is dismissed due to his death prior to a decision.

The Veteran's claims for service connection for residuals of a left eye cataract, status post surgery, and residuals of a right eye cataract, status post surgery, are granted. The appeal to reopen the claim for service connection for residuals of a right eye cataract is remanded.

The Board denied payment or reimbursement of unauthorized medical expenses incurred from March 23, 2016, to March 24, 2016, as the care was not provided in a medical emergency and no VA facilities were feasibly available.

The Veteran's adult daughter, the Appellant, was awarded $1,317.19 in accrued benefits to reimburse her for expenses incurred for her father's last sickness and burial. The appeal is denied as she does not qualify as a 'child' entitled to receive all accrued benefits.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he is no longer alive.

The Veteran's left leg thrombophlebitis is granted as secondary to her service-connected Factor V Leiden with activated Protein C resistance.,A disability rating of 100 percent for the residuals of transient ischemic attacks involving the left lower extremity as secondary to Factor V Leiden with activated Protein C resistance was granted from February 22, 2001.

The Board has determined that the Veteran's ulcerative colitis was aggravated by service, and therefore grants service connection for this condition.

The Board has decided to remand the case due to insufficient medical evidence regarding whether the Veteran's PLMS is related to his military service. The Veteran needs a new VA examination and opinion.

The Board has decided to remand the case due to insufficient rationale in the VA examination report regarding the etiology of the Veteran's bilateral hip arthritis. Additional development is needed, including obtaining more recent treatment records and scheduling an additional examination if necessary.

The Board has determined that the Veteran's right ear eustachian tube dysfunction is a current disability caused by his military service, and thus grants service connection for this condition.

The Board has decided that a new examination is needed to determine the etiology of the Veteran's right foot condition, which may be related to in-service frost bite injuries.

The Board has denied service connection for essential tremors as due to exposure to contaminated water at Camp Lejeune, finding that the preponderance of evidence is against a medical nexus between the Veteran's tremors and military service.,The Board also remanded the issue of service connection for gout of the knees and feet as due to exposure to contaminated water at Camp Lejeune, noting that the AOJ failed to consider direct service connection or obtain an opinion regarding this claim.

The Veteran's sensory deficit of the bilateral lower extremities has been granted a 10 percent rating from November 4, 2010 to March 19, 2019.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's essential tremors.

The Board has determined that the Appellant's character of discharge from military service is a bar to VA benefits due to his being AWOL for over 1000 days and deserting, which constitutes willful and persistent misconduct. The Board also found no evidence of insanity at the time of the offenses.

The Board found that the Appellant's character of discharge from military service is a bar to VA benefits due to his being AWOL for over 1000 days and deserting, which constitutes willful and persistent misconduct. The Board also determined there were no compelling circumstances or insanity at the time of the offense.

The Veteran's left leg disability was rated at 10 percent prior to October 2, 2013 and at 40 percent thereafter. The Board denied an increased rating for the condition.

The Veteran's appeal to reopen a claim for compensation under 38 U.S.C. § 1151 for a neurological disability (claimed as memory loss/brain damage) is granted, and the case is remanded for further development.

The Veteran's widow is denied an effective date prior to October 20, 2017 for Aid and Attendance benefits due to the lack of a valid claim filed before that date.