Other conditions decisions — 2019

The Veteran's service in the Illinois Army National Guard is considered active military service due to a service-connected disability. However, his period of ACDUTRA (active duty for training) does not qualify him for VA loan guaranty benefits as it is not considered active duty under VA guidelines.

The Veteran's stomach cancer was not incurred in service and is not etiologically related to service. The claim for service connection for stomach cancer is denied.

The Veteran's claims for increased ratings for right and left ankle disabilities, as well as bilateral pes planus, were denied. The claim to reopen service connection for a cervical spine disorder was granted but the issue of an increased rating for lumbosacral strain remains remanded.,An increased rating for Achilles tendonitis and degenerative joint disease of the right ankle in excess of 10% is denied.

The Board has decided to remand the case due to inconsistencies in the appellant's financial status and prior marriages. The appellant needs to provide more information about her Social Security benefits, assisted living facility expenses, and the resolution of her previous marriages.

The Veteran withdrew his appeal regarding the claim of service connection for a right eye disorder, and the Board has dismissed this issue.

The Board denied the Veteran's claim for service connection for a tenosynovitis disability, finding that there was no medical evidence showing that his current condition began during or was otherwise caused by his military service.

The Veteran's death in September 2015 resulted in a retro payment of $8,940.00 being deposited into his bank/credit union account. The appellant is seeking this amount to be returned and the account unfrozen. However, there is no evidence that the VA repossessed or froze the funds.

The Board has decided that the Veteran's claim for reimbursement of medical expenses incurred at Proctor Hospital on November 9, 2015 is remanded due to a lack of information regarding when he finally exhausted action to obtain payment from Medicare. The case will be returned to the AOJ for further development and adjudication.

The Board found that the appellant's character of discharge was under other than honorable conditions due to being AWOL for more than 180 days, and there were no compelling circumstances warranting this prolonged absence. As a result, VA benefits are not payable.

The Board has remanded the case due to insufficient explanation of how medical expenses increased effective February 1, 2016 and whether an overpayment was properly created.

The Veteran's spouse has been recognized as the surviving spouse for purposes of death and indemnity compensation (DIC) benefits.

The Appellant's income exceeds the maximum annual pension rate, so her claim for nonservice-connected death pension is denied.

The Veteran's overpayment of pension benefits is being remanded due to insufficient information about his current financial status. The Board requires the VA to obtain updated Financial Status Reports and provide the Veteran with an opportunity to declare his income.

The Veteran's small intestine cancer is being remanded for a VA examination to determine if it is at least as likely as not caused by his service-connected prostate cancer and/or prostate cancer residuals, or if it has been aggravated by them. The claim will be considered under the secondary service connection theory due to Agent Orange exposure.

The Veteran's petition to reopen his claim for service connection for a skin disorder is granted. The Veteran's petition to reopen his claim for service connection for a dental disorder (for treatment purposes) is also granted, but the claim for compensation purposes remains denied.

The Veteran's application for retroactive Post-9/11 educational benefits was denied as he submitted the application after the 15-year eligibility period, and no prior informal claim existed.

The Board has determined that the claim for accrued benefits is denied because it was filed more than one year after the Veteran's death. The issue of service connection for the cause of the Veteran’s death needs to be remanded and a Statement of the Case issued.

The Board denied the reopening of a claim for service connection for chronic lesions, finding that new and material evidence was not submitted.

The case is being remanded because the Board did not address whether the appellant was insane at the time of their discharge, and a medical opinion is required to make an adequate determination.

The Board has denied the Veteran's claim for service connection for upper respiratory condition and remanded the issue of service connection for laceration right hand/fingers.