Other conditions Board decisions

The Board found that a debt in the amount of $3,000 for an advance payment of Chapter 33 educational assistance benefits was properly created. The Veteran's request for a waiver of this overpayment was denied as recovery would not be against equity and good conscience.

The Board has remanded the case for further development, including obtaining private treatment records from various providers listed by the Veteran in his January 2006 statement. The claims are currently before the Board.

The Board found that the Veteran's current right leg varicose veins and DVT were not incurred in or aggravated by his military service, as there was no credible evidence showing their onset during active duty.

The Veteran's claim of entitlement to service connection for fecal incontinence is being remanded due to the failure to report to a VA examination, and he should be rescheduled for an examination.

The Board has remanded the case due to incomplete information provided by the Veteran regarding his income and eligibility for pension benefits between August 2008 and January 2011. The Veteran needs to provide a completed VA Form 21-0517-1, Improved Pension Eligibility Verification Report.

The Veteran's claim for burial benefits based on service-connected cause of death was dismissed as the appeal is no longer pending.

The Veteran's residuals, resection left sixth rib have been manifested by pain with no other functional limitations. The criteria for an increased rating have not been met.

The Veteran's claim for service connection for infertility is denied as she does not meet the technical definition of being infertile, and there is no evidence linking her current condition to service.

The Veteran's anxiety is related to her military service and has been granted service connection. The status of the other issues, including PTSD and fibroid uterus with large left ovarian cyst, remains pending.

The Board is remanding the case for additional development to address the creation of the $3,000.00 overpayment of VA education benefits and related issues.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the appellant's respiratory disability, including a lack of VA examination. Updated treatment records are also needed.

The appellant's husband, who had served in the Philippines during World War II, died before the American Recovery and Reinvestment Act of 2009 was enacted. As a result, he could not have filed a claim for benefits under this legislation at the time of his death. The appellant is therefore not eligible to receive benefits as her deceased husband's surviving spouse.

The Board has remanded the case to the RO for scheduling a Travel Board hearing due to the Veteran's request. The claim of reopening service connection for chronic hypochromic anemia remains pending.

The Veteran's death was not service-connected, and the appellant did not meet the criteria for non-service connected burial benefits as there were no pending claims for VA compensation or pension at the time of his death. The appeal is denied.

The medical evidence does not show that the loss of vision in the Veteran's right eye was caused by VA carelessness, negligence, or error. The infection resulting from the treatment is considered reasonably foreseeable.

The Veteran's patellar tendonitis of the right and left knees are currently rated at 10 percent each, but do not warrant a higher rating based on functional impairment or additional factors.

The Board has remanded the case due to additional development being necessary, including associating documents from the VA Debt Management Center and conducting an audit of the Veteran's account.

The Veteran's thoracic spine disability, characterized by degenerative changes and limited range of motion, does not meet the criteria for a rating higher than 10 percent during the appeal period.

The Board has denied the appellant's request for an eligibility date prior to April 16, 2010, for educational assistance under Chapter 33 of Title 38, United States Code (Post-9/11 GI Bill) due to a DoD determination that approved transfer of the Veteran's unused Post-9/11 GI bill benefits to member(s) of his immediate family with a date of eligibility set at April 16, 2010. The appellant has no legal entitlement to an earlier effective date.

The Board has determined that the Veteran's relocation to New York State was not done with the intent of avoiding prosecution, and thus he is no longer considered a fugitive felon. As such, VA disability compensation benefits from March 10, 2009 to March 5, 2010 are restored.