Other conditions decisions — 2013

The overpayment of additional VA disability compensation for a spouse in the originally calculated amount of $2,691 was not proper due to an error in determining the overpayment period. The properly created overpayment is in the amount of $2,391 and the Veteran is not entitled to waiver of recovery of that overpayment.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA treatment records and providing a vocational rehabilitation counselor with the necessary information to evaluate his employability.

The Board has determined that the Veteran does not meet the basic eligibility requirements for VA home loan guaranty benefits due to his service not meeting the required length of active duty or time in the Selected Reserve. As a result, the appeal is denied.

The Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 is being remanded due to the need for a new VA examination and opinion regarding whether his genitourinary symptoms are related to the February 2008 surgery at a VA medical facility.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claim for special monthly pension based on need for aid and attendance or housebound status is remanded due to the need to rate his nonservice-connected right upper lung small cell carcinoma and obtain additional VA treatment records.

The Board finds that the Veteran did not have qualifying service for nonservice-connected death pension purposes and thus, the appellant's claim for death pension benefits is denied.

The Veteran's service-connected right Achilles calcific tendonitis is currently rated at 30 percent effective July 14, 2011. The disability was found to be manifested by dorsiflexion of 0 degrees and plantar flexion of 10 degrees.

The Board has remanded the case for further development and consideration, including issuance of a supplemental statement of the case (SSOC) addressing the issue of entitlement to educational assistance benefits. The appellant must be notified of any administrative error in creating the overpayment debt and the bases for its calculation.

The Veteran's claim for a higher initial disability evaluation for ischemic cardiomyopathy with automatic implantable cardioverter defibrillator is being remanded due to the submission of additional evidence. The case will be returned to the RO for consideration.

The Veteran seeks a waiver for an overpayment of $3,000 in Chapter 30 education benefits. The appeal is remanded due to missing documents related to the application and notification process.

The Veteran's death occurred prior to the eligibility date for a government-furnished headstone or grave marker, and thus his surviving spouse's claim is denied.

The Board has remanded the case for further factual development due to questions raised in a Joint Motion, including an assessment of current financial status and future employment prospects.

The Board has remanded the case for scheduling a Travel Board hearing at the RO.

The Veteran's service-connected residuals of a right index finger dislocation are currently rated as noncompensable due to the absence of evidence showing limitation of motion or ankylosis.

The Veteran does not have arthritis of the hands that is attributable to military service.

The Board dismissed the appeal due to the death of the appellant.

The Veteran's claim for a rating in excess of 10 percent for residuals of an oral cystectomy was denied as the disability does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining a VA eye examination report and updated treatment records.

The Veteran's claim for service connection for a psychiatric disorder, diagnosed as vascular dementia and depression, is granted. The Board finds that the evidence supports a causal relationship between his military service or service-connected disorders.