Other conditions decisions — 2011

The Board denied the Veteran's request to waive his overpayment of $20,639.00 in pension benefits due to fault on the part of the Veteran and found that recovery would not be against equity and good conscience.

The Veteran's daughter was not eligible for educational assistance benefits under Chapter 35 due to her reaching the age of 26 before the effective date of a permanent and total disability rating.

The Board has remanded the case for scheduling a travel board hearing at the RO in Montgomery, Alabama. The Veteran's claim of service connection for left leg and back pain due to bone marrow harvest is pending.

The Veteran's claim for an increased rating for Legg Perthes Disease, right hip is being remanded due to the need for a VA examination and additional development of his medical records.

The Veteran's appeal was dismissed because he died during the pendency of his appeal.

The Board has remanded the case for additional development due to new evidence submitted by the appellant and a need for an addendum to the VA medical opinion.

The Board found that the unauthorized medical expenses incurred at a private medical facility from September 27, 2010 to October 4, 2010 were not for an emergency treatment and thus denied payment or reimbursement.

The Veteran's claim for compensation under 38 U.S.C.A. � 1151 was granted, finding that the VA treatment resulted in additional disability of the left arm.

The Veteran's flexion deformity of the left little finger is related to service, and the Board has granted service connection for this condition.

The Board has remanded the case for further development due to conflicting medical opinions and lack of diagnoses.

The Veteran's claims for a rating increase for ulcer disease and an initial rating for left knee disability were denied. The Veteran was granted service connection for the left knee disability, but his claim for a higher initial evaluation remains pending.

The Veteran's claim for an effective date earlier than June 28, 2007 for the award of TDIU was denied. The case is remanded to issue a Statement of the Case and allow the Veteran to perfect his appeal.

The Board has determined that the Veteran's current residuals of coccidiodomycosis meningitis are service connected, as there is at least equipoise evidence supporting this conclusion.

The Veteran's service-connected ulcer disease is currently rated at 40 percent, and the Board found that an extraschedular evaluation was not warranted. The Veteran's TDIU claim was also denied as his disability did not prevent him from securing and following substantially gainful employment.

The Veteran's claim for an increased rating for service-connected residuals of Graves' disease is being remanded due to the need for additional development, including a VA examination.

The Veteran's skin disorder, including basal cell carcinoma and epididymal cysts, is granted service connection due to in-service exposure to creosote. Service connection for hypertension secondary to diabetes mellitus, type II, is also granted.

The Board found that there is no evidence of a right jaw disorder during military service or within one year after service, and the Veteran's current right jaw disorder is not linked to his active military service. Therefore, the claim for service connection was denied.

The Veteran's right shoulder disorder was initially rated at 10 percent prior to June 1, 2009. A rating of 30 percent has been granted effective June 1, 2009.

The Board has remanded the case for additional development, including obtaining records of an investigation involving the appellant's alleged indecent assault and his eligibility for reenlistment in June 1993.

The Veteran's prostatitis was incurred during service and is considered a direct result of his active duty.