Other conditions Board decisions

The Veteran's right elbow disability has been rated at 10 percent, the maximum non-compensable rating. The Board found that his symptoms did not warrant a higher rating.

The Veteran's entire active service period from September 2003 to September 2006 was subject to the education loan repayment program under 10 U.S.C.A. Chapter 109 and thus does not establish eligibility for benefits under the Post-9/11 GI Bill.

The Board found that the appellant's income exceeded the maximum allowable death pension rate for a spouse with no dependents, leading to the termination of her death pension benefits effective January 1, 2010.

The Veteran's appeal is being remanded for further development and consideration of his claim for automobile and adaptive equipment or adaptive equipment only.

The Veteran's request for a clothing allowance is being remanded due to the need for a hearing.

The Board found that a partial waiver of the overpayment in the amount of $4,000 was warranted due to the Veteran's fault and VA's partial fault in not reducing benefits promptly upon receipt of notification of incarceration.

The Board has determined that the Veteran's bilateral hip disabilities are related to service and granted his claims for service connection.

The Veteran's request for an extension of the delimiting date beyond March 1, 2011, to continue receiving Montgomery GI Bill educational benefits was denied because she did not meet the criteria for such an extension under VA regulations.

The Board denied an increased rating for chronic fungal disease of the toes, finding that the evidence did not support a grant of a higher rating.

The Veteran's appeal is being remanded due to the need for additional medical records and a VA examination. The issue of entitlement to an increase rating for pilonidal, perirectal sinus, postoperative residuals remains on hold until further action.

The Veteran's service-connected disabilities, including pituitary adenoma, tremors/incoordination of the right and left hand, decreased vision in the left eye, and convulsive disorder, have rendered him unable to secure or follow a substantially gainful occupation.

The Board has determined that further development is needed to determine the Veteran's income and medical expenses, which are relevant to his pension benefits. The claim will be remanded for this purpose.

The Board finds that the Veteran's current back disability is not attributable to his active service and therefore denied his claim for service connection.

The Veteran's request for educational assistance under the Post-9/11 GI Bill was denied because he enrolled in two distance learning courses, which are considered independent study and not approved by VA regulations.

The Veteran's right hip bursitis is manifested by pain on motion, with limited extension and abduction. The current rating of 10% adequately reflects the severity of her disability.

The Board has remanded the case for additional development, including obtaining VA and private treatment records related to the Veteran's right eye disability. The TDIU issue is also being addressed.

The Board found that the Veteran's current right and left eye disabilities were not incurred in or aggravated by service, as they predated his military service and are unrelated to any events during service.

The claimant is requesting a hearing before a Veterans Law Judge, but has requested to have the hearing conducted via videoconference. The Board has decided to reschedule the appellant for such a hearing at her local RO (Birmingham, Alabama).

The Board has vacated its previous decision and remanded the case for further development to determine the correct amount of recoupment based on after-tax dollars.

The appeal is being remanded due to missing VA treatment records. The Veteran's claim for TDIU remains pending.