Other conditions Board decisions

The Veteran is seeking an increased disability rating for his service-connected gout. The case has been remanded to obtain updated VA treatment records and a new examination.

The Board found that the overpayment of $3,000 for an advanced payment of VA educational assistance benefits was properly created and denied a waiver of recovery due to lack of undue hardship, unjust enrichment, and other factors.

The Board has ordered additional development to obtain records from Banner Churchill Hospital, which the Veteran believes are located at the Reno VAMC. The case is now remanded for this purpose.

The Board has determined that the Veteran's squamous cell carcinoma of the right tonsil is not service connected, as there is no evidence linking it to his military service or herbicide exposure.

The Board has determined that the Veteran's bilateral numbness of the lower legs is due to his service-connected left hip disability, and thus grants service connection for this condition.

The Veteran is entitled to non-service-connected pension benefits from January 1, 2009, but not prior to that date due to excessive income.

The Veteran's service-connected anal fissure is shown to be healed or slight at worst, without leakage or other disabling manifestations. The criteria for the assignment of a compensable rating have not been met.

The Veteran's claims for service connection and special monthly compensation are being remanded due to the need for additional development, including obtaining in-service medical records and Social Security Administration (SSA) records.

The appeal is being remanded due to the appellant's request for a travel board hearing. The case will be handled in accordance with applicable procedures.

The Veteran's appeal involves two issues: the validity of an overpayment created due to simultaneous payments of a dependency allowance and educational assistance under Chapter 35, and his request for waiver of this overpayment. The case is being remanded to address both issues.

The Veteran's spouse is seeking an increased rate of the Veteran's pension based on unreimbursed medical expenses for purposes of accrued benefits. The case has been remanded to consider this claim.

The Board has ordered a remand due to the lack of availability of certain VA medical records that are believed to be pertinent to the determination of whether the appellant and the Veteran were married for VA death benefit purposes. The appeal is currently in a state where it cannot proceed without these records.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran currently has a hydrocele (right testicle condition) and whether it is related to his military service.

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Veteran's esophageal cancer was not manifested during his service or in the first postservice year, and is not shown to be related to his service, including as due to exposure to Agent Orange.

The Board denied the veteran's claim for a government-furnished headstone or grave marker as E.S. did not have any qualifying active military service.

The Board has requested additional development due to the need for a new VA examination and remanded the case for further consideration.

The Board denied the Veteran's request to reopen his claim for service connection for cold injury, bilateral feet due to lack of new and material evidence. The claims for increased ratings for left biceps tendon, postoperative, with degenerative changes and axillary neuropathy; scar, postoperative, left shoulder; and bilateral hearing loss were also denied.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for bronchiectasis and emphysema. The claims are granted as both conditions are found to be at least as likely as not related to service, specifically pneumonia in service.

The Board found that the March 1994 rating decision denying service connection for a nervous condition did not involve clear and unmistakable error (CUE). The issue of whether there was an increase in a preexisting psychiatric disability during service is one that involves a weighing of the evidence and as to which reasonable minds could differ.