Steve W. Mountford v. Eric K. Shinseki

DAVIS, Judge:

U.S. Air Force veteran Steve W. Mount-ford appeals through counsel from a February 26, 2009, Board of Veterans’ Appeals (Board) decision that denied entitlement to restoration of benefits for his service-connected schizophrenia prior to May 25, 2004, because he was found to be a “fugitive felon” under 38 U.S.C. § 5313B.

On December 27, 2001, Congress enacted 38 U.S.C. § 5313B. That statute bars veterans and their dependents from receiving VA benefits while veterans or their beneficiaries are “fugitive felons.” 38 U.S.C. § 5313B(a). Mr. Mountford argues that the Board’s…