Other conditions Board decisions

The Veteran's claim for an earlier effective date for the increased rating of his service-connected adenocarcinoma of the prostate was granted, with the effective date set at December 31, 2003.

The appeal has been dismissed due to the death of the appellant. The issue of reopening a claim for service connection for a right leg disability is moot.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the Veteran for purposes of VA benefits due to a separation from the Veteran, which was not continuous from the date of marriage until his death.

The Board denied the Veteran's claim for an effective date earlier than March 1, 2008 for the award of dependency allowance for his spouse and stepchild. The decision stated that no evidence was provided to notify VA of the marriage prior to February 2008, which is more than a year after the June 2006 marriage.

The Board found that the Veteran's period of service from September 10, 1985 to February 10, 1989 was under conditions other than honorable due to willful and persistent misconduct. As a result, he is not eligible for VA benefits based on this period.

The Veteran's claim for an earlier effective date for anal incontinence associated with Crohn's disease is granted, but his claim for an earlier effective date for a 70 percent rating for mood disorder is denied.,An effective date of June 17, 2002, but no earlier, is granted for the award of service connection for anal incontinence associated with Crohn's disease. The Veteran's claim for a 70 percent rating for mood disorder is not supported by evidence showing an increase in disability within one year prior to September 11, 2009.

The Board found that the reduction of ratings from 20 percent to noncompensable for bilateral service-connected recurrent cellulitis of the lower extremities was proper, and restoration is denied.

The Veteran died from diffuse large B cell lymphoma, but service connection for the cause of death is denied as there was no evidence linking his death to his military service. The appellant's claims for DIC under 38 U.S.C.A. § 1318 and accrued benefits are also denied.

The Veteran is seeking an increased rating for his service-connected Crohn's disease, which was reduced from a 100 percent to a 10 percent disability rating effective May 1, 2010. The Board has determined that the issue of whether the reduction in disability rating was proper must be remanded along with consideration of the current evaluation of his service-connected Crohn's disease.

The appeal has been dismissed due to the death of the appellant.

The Veteran's overpayment of $9,112.30 was created due to his status as a fugitive felon during the period when he had an outstanding warrant issued by South Carolina. The Board finds that repayment would violate principles of equity and good conscience.

The Veteran's daughter, the appellant, sought accrued benefits for stopped special monthly pension payments. However, she is not eligible as a surviving child and did not bear the expense of last sickness and burial.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of $3,000 in VA education benefits. The decision found that recovery would not be against equity and good conscience.

The Veteran's widow received a payment of $1,370.00 in May 2009, but her estate is now seeking an additional $311.00 based on the initial calculation minus payments made so far. The Board finds insufficient explanation and requires clarification.

The Veteran's current skin disorder, diagnosed as multiple lipomas, is not shown to have had its onset in service and is not shown to be related to his active military service. The claim for sterility was examined but the VA examiner did not provide a clear opinion regarding whether it is related to service.

The Veteran's death was not service-connected, and he did not meet the criteria for burial benefits as his body is not being held by a State and he died at a private residence. The appeal is denied.

The appeal is currently in a remanded status due to the need for scheduling a videoconference hearing. The service connection issue remains unresolved as it does not pertain to any specific conditions or exposure basis.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a non-VA medical facility on June 24, 2010 is granted. The Board found that the criteria were met due to the Veteran presenting in an emergency situation and VA facilities being feasibly unavailable.

The Veteran's unauthorized medical expenses incurred at the MRMC from July 25, 2011 to July 26, 2011 are granted as reasonable doubt must be resolved in favor of the appellant.

The Board found that the Veteran's metastatic adenocarcinoma, which caused his death in 1999, was not related to service or any service-connected condition.