Other conditions decisions — 2019

The Veteran's pension benefits were terminated due to his conviction on April 8, 2014. The AOJ has corrected the error and eliminated the overpayment in his account. However, the Board cannot make an informed decision without a complete accounting of how the pension award was adjusted.

The Board denied the appellant's claim for additional accrued benefits as she had already received twice the amount in benefits to which she was entitled ($11,068.00 paid in December 2015 and again in April 2016).

The Board has decided to remand the case due to missing documents and incomplete information regarding the appellant's request for waiver of recovery of an overpayment of Dependents Educational Assistance (DEA) benefits.

The case is being remanded due to non-compliance with previous Board directives regarding the appellant's husband's service records and verification of his military status.

The Veteran's claim for a higher rating for his service-connected thoracic spine disability is being remanded due to the need for a VA examination.

The Board has remanded the case due to incomplete records and further development is needed.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's exposure to Agent Orange caused his current rectal cancer and squamous cell carcinoma of the rectum.

The Board has remanded the claims for entitlement to service connection for the cause of the Veteran’s death, accrued benefits, and death pension benefits due to unclear issues on appeal and lack of prior claims or rating actions in the appellant's file.

The Veteran's cause of death was listed as arteriosclerotic cardiovascular disease. The Board is remanding the case to determine if the USS Annapolis served in the 12 nautical mile territorial sea of the Republic of Vietnam during the Veteran’s service, which would allow for presumptive service connection due to Agent Orange exposure.

The Veteran requested withdrawal of the appeal regarding their claim for service connection for shin splints, and as a result, the issue is dismissed.

The Veteran's claim for service connection for sleep disturbance, nightmares, insomnia, and mental condition to include hearing voices was denied in a December 2009 rating decision. The Board found that new and material evidence had not been received to reopen the claim.

The Veteran's claims for increased ratings for residuals, shell fragment wound right leg (linear) and residuals, shell fragment wound right leg (non-linear) are being remanded due to the need for readjudication of all evidence added since the November 2017 SOC.

The Board denied service connection for the cause of the Veteran's death due to lack of evidence linking his acute combined drug toxicity to active duty service.

The Board has reopened the claim regarding whether the appellant's character of discharge is a bar to VA benefits. The evidence presented shows that the appellant was AWOL for 101 days and charged with disobeying orders, which constitutes willful and persistent misconduct. However, there is no indication of insanity at the time of the misconduct. As such, the character of the appellant's discharge remains a bar to receipt of VA monetary benefits.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and prison records.

The Veteran's claims for service connection for colon cancer / rectal cancer and liver cancer are granted due to exposure at Camp Lejeune. The claim for service connection for depression, erectile dysfunction, and incontinence with urinary frequency is voluntarily withdrawn.

The Board has determined that the Veteran's right great toe condition, which required emergency treatment at a non-VA hospital (Tulane University Hospital), met the criteria for payment or reimbursement under 38 U.S.C. § 1725 due to the nature of her medical condition and the availability of VA facilities.

The Veteran's claim for an extension of his DEA delimiting date beyond November 25, 2016 was denied as there is no evidence that he was prevented from pursuing a program of education after the death of his father in June 2014.

The Veteran's claim for service connection for chronic diarrhea, previously rated as bowel syndrome, is granted. The Board finds that additional development is needed prior to final adjudication of the remaining issue on appeal.

The Board found that the Veteran's overpayment of Post-9/11 GI Bill educational assistance benefits was valid due to her withdrawal from courses and lack of entitlement, despite VA payments. The debt in the amount of $1,573.58 is deemed valid.