Other conditions Board decisions

The Veteran's claim for a benefit level greater than 70 percent for education benefits under the Post-9/11 GI Bill was denied as he did not have at least 24 months of creditable service, resulting in a maximum benefit level of 70 percent.

The appeal is being remanded due to the appellant's request for a rescheduled hearing. The Board will schedule a videoconference hearing at the RO in Indianapolis, Indiana.

The appellant is granted an extension of her delimiting date for Dependents' Educational Assistance (DEA) benefits due to a physical disability preventing her from pursuing education from May 2003 to July 2007.

The Board has determined that a remand is necessary in order to obtain additional medical opinions regarding the Veteran's service connection claims and increased rating claims for scars. The Veteran will be scheduled for VA examinations to address these issues.

The Veteran's claim for service connection for non-Hodgkin's lymphoma, T-cell lymphoma was granted in a March 2010 rating decision with an effective date of October 27, 2009. The Board found that the earliest possible effective date is October 27, 2009, as this is the date the Veteran's original claim for service connection was received by VA.

The Board has determined that the appellant's character of discharge is a bar to VA benefits due to willful and persistent misconduct, but not insanity. The claim must be denied as there is no legal entitlement to the requested benefits.

The Veteran's TDIU claim is being remanded for a new VA examination to assess the impact of his service-connected disabilities on his employability.

The Veteran's claim for an initial compensable evaluation for myoclonus (claimed as restless leg syndrome) is being remanded due to the need for additional medical examination and development.

The Board denied the Veteran's claims for service connection for left and right shin splints, finding no current disability.

The Veteran's claim for a waiver of an overpayment of $3,000 in VA education benefits was granted by the Board as it would be against equity and good conscience to recover this amount.

The Veteran's service does not qualify her for either educational program (Montgomery GI Bill or Veterans' Educational Assistance Program) due to the timing of her enlistment and discharge. Her request for an extension was not timely filed, thus denying her eligibility.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the current nature and severity of his service-connected right arm/elbow disability.

The Veteran's discharge from active duty was due to a personality disorder, which is not service-connected. The case is being remanded for further development and adjudication of his claim for service connection for an acquired psychiatric disorder.

The Veteran's appeal has been dismissed due to his death during the pendency of this appeal.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for allergic reaction residuals and service connection for a cervical spine disability and right eye disability. The Board finds that additional development, including VA examinations, is necessary to address these claims.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's death was not caused by a service-connected disability, and there is no evidence of exposure to Agent Orange or other presumptive conditions. The cause of death was attributed to the fatal aortic aneurysm, which occurred after service.

The Veteran's claim for a compensable evaluation for scabies is being remanded due to the need for additional VA treatment records and examinations.

The Board found that the termination of the appellant's death pension benefits on July 1, 2011 was improper due to her countable income being less than the maximum annual pension rate.

The appellant's income exceeds the maximum annual pension rate for a surviving spouse, thus denying her entitlement to nonservice-connected death pension benefits.