Other conditions decisions — 2010

The Board denied the appellant's claim for a plot allowance as there was no legal entitlement to such, given that the Veteran was cremated and no expenses were incurred for a plot.

For the period between November 1, 1996 and February 1, 2005, the Veteran's postoperative residuals of a torn rotator cuff of the left shoulder were manifested by severe limitation of motion with pain and weakness such that limitation of motion of the arm was approximately to 25 degrees from the side. The Board found that this warranted an initial rating of 30 percent.

The Board has determined that recovery of the overpayment would not be against equity and good conscience, as the Veteran was at fault in creating the overpayment due to his fugitive felon status. The remaining amount of $668.00 is denied.

The Board has remanded the case for a merits adjudication of the appellant's claim for accrued benefits, specifically considering all final medical expenses submitted by her. The AMC is instructed to credit these expenses and adjust pension benefits accordingly.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining VA treatment records from the Lyons and East Orange VAMCs.

The Board denied the Veteran's claims for service connection for nicotine dependence and post-operative residuals of clear cell odontogenic carcinoma, with the latter being claimed as secondary to tobacco dependence incurred in service. The appeal is remanded for further development.

The Board has remanded the case for additional development due to the appellant's request for a Travel Board hearing.

The Board has determined that further development is needed due to a failure by VA to comply with notice provisions, and the case is being returned for readjudication.

The Veteran's left eye disorder, including his prothrombin gene mutation, was not incurred in or aggravated by active service. The Board denied the claim for service connection.

The Board found that the retroactive termination of payment for education benefits was not proper and ordered a recalculation to reflect this determination.

The Veteran's claim for an increased rating for his right knee disability is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's VA disability compensation benefits were reduced due to his request for a waiver of compensation in order to receive military drill pay. The RO is instructed to obtain the Veteran's Leave and Earnings Statements for 2003, which are pertinent to the claim.

The Board denied the Veteran's claim for service connection for myocardial infarction as secondary to a below-the-knee amputation, finding no new and material evidence to support the claim.

The Veteran is not shown to be in need of regular aid and attendance or permanently housebound, thus her claim for special monthly pension based on these criteria is denied.

The Board is remanding the case to obtain service treatment records from various military facilities and determine if they contain any information regarding the Veteran's heart problems during his time in service. The cause of death will be considered under a direct theory of service connection.

The Veteran seeks an earlier effective date for TDIU benefits. The case is being remanded to obtain Social Security Administration records related to the claim.

The Veteran seeks reimbursement for unauthorized medical expenses incurred at a private facility on September 20, 2005. The Board has determined that the case should be remanded to determine if VA facilities were feasibly available and reasonable to use beforehand.

The Veteran's appeal was withdrawn prior to the Board making a decision. The initial evaluation for adjustment disorder from November 9, 2005 through August 5, 2009 is dismissed as his appeal has been withdrawn.

The Veteran's appeal for an increased evaluation for dermatophyte infections of the feet, hands, and groin has been dismissed as the appellant withdrew his appeal.

The Veteran's appeal of his TDIU claim has been remanded due to the need for proper certification and notification, as well as scheduling a personal hearing.