Other conditions decisions — 2009

The Veteran's cataracts are being remanded for further development due to the need for dose assessment and consideration of service connection based on radiation exposure.

The Board found that the appellant's discharge from service was under conditions other than honorable due to willful and persistent misconduct, specifically his AWOL period. As a result, his character of discharge serves as a bar to VA benefits.

The Board has denied the appellant's claim for an effective date prior to April 17, 2006 for the grant of widow's death pension with special monthly compensation (SMC) based on the need for aid and attendance (A&A). The appeal is dismissed as there was no earlier claim or evidence submitted.

The Board denied the Veteran's claim of service connection for a chronic sinus disorder, finding that there was no evidence of such condition during service and no relationship to his active duty.

The claimant is not eligible to receive DIC benefits as a surviving spouse due to the lack of valid marriage and continuous cohabitation with the Veteran for at least one year prior to his death.

The Board has remanded the case for additional development, including obtaining VA treatment records and a spine examination. The Veteran's claim is now pending again with the RO.

The Board found no evidence linking the Veteran's current skin disability to his active service or exposure to Agent Orange, and thus denied the claim.

The Board denied the Veteran's claim for service connection for a gastrointestinal disorder, finding that it was not incurred or aggravated by service and is not related to a service-connected disability.

The Veteran was previously rated as totally disabled for the purpose of TDIU benefits, and his death occurred while he remained entitled to these benefits. The Board finds that the Veteran would have been entitled to TDIU benefits at least as early as October 1992.

The Board found that the recoupment of separation pay in the amount of $11,384.00 by withholding VA disability compensation benefits was proper and denied the Veteran's appeal.

The Board has remanded the case for further examination and review to determine if the Veteran's current psychiatric disability is related to service, considering whether it existed prior to service or was aggravated by service.

The Veteran's right Achilles tendon rupture, which occurred while playing basketball as part of his VA treatment, is considered an event not reasonably foreseeable. Therefore, the Board finds that compensation under 38 U.S.C. § 1151 for residuals of a right Achilles tendon rupture is granted.

The Veteran seeks reimbursement for unauthorized medical expenses incurred at the Erie County Medical Center on July 24, 2008. The VAMC denied his claim because he had not been authorized by VA to undergo these tests. The case is being remanded to clarify if any related medical expenditure was authorized or paid by VA.

The VA reduced the monthly pension payments for nonservice-connected pension with aid and attendance by $365.50 for a one-year period starting August 1, 2007 due to additional income received from Social Security Administration (SSA). The reduction was then increased back by $365.50 at the end of the year.

The Veteran's claim for service connection for prostate disorder and residuals of yellow fever (claimed as heart and eye disorders) is denied. The evidence does not establish a direct link between the current conditions and service.