Other conditions Board decisions

The Veteran's endometriosis has been rated at 50% since August 31, 2007. The condition is manifested by lesions extending from the sigmoid colon to the uterosacral ligament on the right side; endometriotic changes in the left posterior cul-de-sac ascending to the pelvic portion of the left ureter; chronic right-sided pelvic and back pain; bowel symptoms including constipation; intermittently excessive menses; and intermittent periods of pink watery discharge. The Veteran's disability picture is fully contemplated by the assigned 50% rating.

The Veteran's appeal is being remanded for further development, including a VA examination to assess his ability to secure and follow a substantially gainful occupation due to his service-connected disabilities. The case will be readjudicated after the additional development.

The Board has granted service connection for left and right elbow disorders with an effective date of January 13, 2004.

The Board has determined that the appellant does not have current disabilities of a right leg or left arm, and thus cannot establish service connection for these conditions.

The Veteran's appeal is being remanded for additional development, including scheduling VA examinations to assess the current severity of his service-connected retained suture lip laceration and dermatophytosis.

The Veteran's appeal is being remanded to obtain a supplemental opinion regarding the June 2010 VA examination and to adjudicate his claim of entitlement to compensation under 38 U.S.C.A. § 1151 for residuals of spontaneous infection, right second toe, status post incision and drainage. The TDIU issue is also being remanded.

The appellant's countable income exceeds the limit for purposes of entitlement to payment of non-service-connected death pension.

The Board denied the Veteran's request for waiver of recovery of an overpayment of VA non-service connected pension benefits in the amount of $35,316.67 due to fault on the part of the Veteran and unjust enrichment.

The Veteran's waiver requests for overpayment of dependency benefits are granted for the period from January 1, 2009 to February 25, 2011. The VA is to refund any amounts collected or garnished during this period.

The Veteran's claim for a benefit level in excess of 70 percent for educational assistance benefits under the Post-9/11 GI Bill is denied as he does not meet the criteria for such an increase based on his active duty service and discharge.

The Board has remanded the case due to inadequate examination and need for additional development.

The case is REMANDED for the following actions: 1) Provide an audit of the Veteran's account in writing, clearly showing the calculation of his debt and any reductions that have taken place. 2) Adjudicate whether the debt for overpayment of VA benefits is valid. 3) Readjudicate the claim of entitlement to waiver of recovery of an overpayment of VA benefits.

The Board has determined that the appellant is considered the Veteran's surviving spouse for VA benefits purposes, allowing her to receive DIC benefits.

The Veteran's claim for service connection for a dental condition is denied as there is no evidence of a compensable disability.

The Veteran's service-connected residuals of cold injuries to the right and left lower extremities are not more than 30 percent disabling, which is the maximum rating allowed under VA regulations.

The Veteran withdrew their appeal before the Board could make a decision.

The Board has determined that the Veteran's left leg screw and plate was not incurred during active service, but rather occurred in a 1999 motor vehicle accident. As such, the claim of entitlement to service connection for this disability is denied.

The Board has granted a partial waiver of the appellant's debt, waiving $20,000 but denying the remaining amount.

The Veteran's respiratory disorder is found to be due to his in-service exposure to Agent Orange. The skin disorder claim requires additional examination and clarification from the VA provider who made previous statements regarding its relation to Agent Orange.

The Board finds that the Veteran's claimed dysthymic disorder did not develop during service or is otherwise related to his military service. The claim for service connection is therefore denied.