Other conditions Board decisions

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and arranging for a VA medical examination to assess his right fifth metacarpal disability.

The Board has determined that a new VA examination is necessary to determine if the Veteran's current disability manifested by syncope is etiologically related to his blackouts and fainting spells during service.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for adrenocortical carcinoma, which is related to exposure to Agent Orange. The Veteran's condition is considered as at least as likely as not related to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his left heel disability.

The Board has determined that the Appellant is not eligible to receive nonservice-connected death pension benefits as she remarried after her spouse's death, which constitutes a bar to eligibility.

The Board has reopened the Veteran's claim for service connection for Me�nie`re's disease and granted it, finding new and material evidence. The issue of entitlement to service connection for dizziness is addressed in the REMAND portion.

The Veteran's appeal is remanded for a new examination to assess the severity of his service-connected gunshot wound residuals and for consideration of his TDIU claim.

The Veteran's claim for service connection of his left foot condition is being remanded due to the need for additional VA treatment records and a new examination by a podiatrist.

The Veteran's claim for an increased initial rating for ulcerative colitis, claimed as Crohn's Disease is being remanded due to the need for additional development including a VA examination and obtaining any outstanding VA treatment records.

The Board finds that the nature of the Veteran's employment as a first mate on a NOAA research vessel is a mitigating circumstance in the creation of the debt, and therefore, the overpayment was not properly created.

The Veteran's request for waiver of the overpayment at issue was considered timely, and the appeal is allowed.

The Veteran's death was not due to a service-connected condition, and he did not meet the criteria for burial benefits under VA regulations. The appeal is denied.

The Veteran's service-connected lateral and anterior compartment syndrome, left and right lower extremities, status post fasciotomy, with residual surgical scars, have been rated at 10 percent each. The Board finds that the evidence does not support a higher rating for either condition.

The Veteran's dysthymic disorder was rated at 70 percent prior to November 13, 2009 and granted a TDIU rating due to the service-connected dysthymic disorder prior to June 21, 2009.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on January 27, 2010 was denied because his condition had stabilized by that date and he could have been safely transferred to a VA facility.

The Board denied the appellant's claim for an effective date earlier than October 30, 2008 for the payment of Dependents' Educational Assistance (DEA) benefits as it is governed by specific VA regulations that do not allow retroactive payments prior to this date.

The Veteran seeks an increase in his educational assistance rate under the Post-9/11 GI Bill from 50% to 100%. The appeal is remanded due to discrepancies regarding the Veteran's service credit and potential involvement of the Department of Education.

The Board has denied the appellant's claims for eligibility to receive dependency and indemnity compensation (DIC) as the surviving spouse of the Veteran, and non-service-connected death pension as the surviving spouse of the Veteran.

The Veteran's appeal is being remanded for further development and consideration of the validity of overpayment claims, including an accounting of how each overpayment was created and assessed.

The Board denied the appellant's claims for VA death benefits and an apportionment of the Veteran's VA benefits due to a lack of legal merit. The Veteran is alive and has never filed a claim for, or been awarded or received VA benefits.