Other conditions Board decisions

The Board finds that the overpayment of $2,253.50 was not properly created and thus invalidates the debt against the Veteran.

The Veteran's claim for an increased rating for his left eye injury with orbital floor fracture and diplopia is being remanded due to the need for additional examination and testing.

The Education Center initially determined the Veteran was entitled to receive 100 percent of benefits payable for an approved program of education or training under the Post-9/11 GI Bill. However, they later reduced this to 90 percent. The case is being remanded to determine if additional periods of service qualify as active duty and affect the level of benefits.

The Veteran's claim for higher initial ratings for his service-connected thoracolumbar spine disability is being remanded for additional development, including a VA examination to assess the current severity of his condition.

The Veteran's claim for VA payment or reimbursement of private inpatient treatment from November 10 to 25, 2008 was denied as he did not have service-connected disabilities at the time and had no enrollment in the VA health care system within the required timeframe.

The Veteran's left leg peripheral thrombosis is currently rated at 30 percent, but the evidence does not show symptoms such as persistent edema with or without intermittent ulceration. The claim for a higher rating is denied.

The service-connected disabilities contributed substantially or materially in producing the Veteran's death. DIC benefits under 38 U.S.C.A. § 1318 are payable as if the cause of death were service connected.

The Veteran's claim for an allowance for his spouse higher than the spousal aid and attendance rate is denied as he was already receiving the maximum benefit provided by law.

The Board has remanded the case for additional development, including verifying the Veteran's correct mailing address and resending VCAA notice. The claim will be readjudicated after this is done.

The Board has remanded the case for scheduling a videoconference hearing before a Veterans Law Judge due to the appellant's request.

The Veteran's income exceeds the maximum annual pension rate (MAPR) for a Veteran with one dependent. The case is REMANDED to determine if expenses from Thomas Circle Senior Living Community can be deducted as medical expenses or nursing home expenses, and to recalculate his income based on such deductions.

The Veteran is seeking service connection for spondylosis at L4 to L5, which he claims as back pain. The Board has ordered additional development of his claim due to the possibility of outstanding private medical records.

The Board determined that the Veteran's right eye condition is not related to his military service and denied the claim.

The Veteran's squamous cell carcinoma of the left tonsil is found to be attributable to his in-service herbicide exposure, and service connection for this condition is granted.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of the Veteran's claimed joint disorders.

The Board has determined that the Veteran's net worth is in excess of what is legally allowed for payment of nonservice-connected pension benefits, and thus denied his claim.

The Board has remanded the case for additional development, including obtaining VA treatment records and requesting an opinion from a VA examiner regarding the relationship between the Veteran's infertility and her military service.

The Board has ordered the case back to the RO for additional development, including obtaining treatment records and clarifying the Veteran's claims. The Veteran is asked to provide information about any healthcare providers who treated him for his bilateral foot disorder at VA facilities other than Chula Vista since May 2009.

The case is being remanded due to the need for notification in a simultaneously contested claim involving J.H.

The Board restored the Veteran's ratings for his service-connected status-post stress fractures of the right tibia, right talar bone, left tibia and left talar bone to 20 percent each. The rating for histoplasmosis was also restored to 20 percent. The claim for service connection for cryptococcosis was granted based on new evidence.