Other conditions decisions — 2021

The Veteran's claim for nonservice-connected pension benefits as of May 25, 2019 was denied because his combined disability rating exceeded the maximum annual pension rate.

The Board has remanded the case due to a duty to assist error, and the Veteran's claim for service connection for residuals of coccidioidomycosis (valley fever) is being reviewed again with additional medical opinions.

The appeal regarding the reimbursement of beneficiary travel expenses to and from a VA medical facility has been dismissed due to the appellant's death.

The Board dismissed the claim for payment of non-VA medical services because it was referred or coordinated by a CCN contractor, and the appellant's appeal should have been sent to TriWest.

The Board has granted a 20 percent apportionment of the Veteran's monthly VA disability compensation award to the appellant, effective from January 2020 until their divorce in August 2020.

The appellant's income exceeded the maximum annual death pension rate, so she is not eligible for survivors' pension benefits.

The Board has determined that the decedent's discharge from service was under other than honorable conditions due to willful and persistent misconduct, and he was not insane at the time. As a result, VA benefits including DIC, death pension, and burial benefits are denied.

The Board denied payment for non-emergent medical services provided by Aegis Science Corporation on November 22, 2020, as the services were not authorized by VA and thus no legal basis exists for reimbursement.

The Veteran's service-connected insomnia has resulted in chronic sleep impairment, warranting a 30 percent disability rating from February 9, 2018.

The Veteran's appeal for special monthly compensation (SMC) based on aid and attendance was dismissed because the Veteran, through his representative, requested to withdraw the appeal.

The Board has remanded the case due to missing documentation related to the appeal for payment or reimbursement of beneficiary travel expenses for treatment at a non-VA medical facility on September 11, 2019. The AOJ is required to reconstruct the record and upload all missing documentation.

The appeal is dismissed as the AOJ has administratively reversed the denial and approved the episode of care for payment.

The Board denied the Veteran's claim for service connection for chronic lymphocytic leukemia, finding that there is no evidence of a causal relationship between his active military service or in-service asbestos exposure and his current condition. The Board also found insufficient evidence to establish secondary service connection based on his service-connected pleural plaques.

The Veteran's appeal was dismissed because he died during the pendency of his appeal. The Board has no jurisdiction to adjudicate the merits of this case.

The Board has granted service connection for the Veteran's residuals of left calf numbness associated with chronic left lower back radiating pain syndrome, finding that it is secondary to his service-connected low back disability.

The Veteran withdrew his appeal for entitlement to a total disability rating based on individual unemployability (TDIU). The appeal is dismissed.

The Board has granted service connection for diverticulosis and diverticulitis, finding that the Veteran's current gastrointestinal disability is aggravated by his use of NSAIDs for his service-connected migraine headaches.

The Veteran's service-connected panic disorder with agoraphobia is granted a rating of 70 percent prior to March 2, 2017.

The Veteran's motion to revise or reverse a prior decision based on clear and unmistakable error (CUE) was dismissed without prejudice to refiling as the pleading requirements were not met.

The Veteran's appeal is remanded for further development and readjudication of his claims, including obtaining SSA records, verifying occupational history, and obtaining independent medical opinions. The issues include increased evaluation for service-connected psychiatric disabilities, TDIU, and compensation under 38 U.S.C. § 1151 for shortness of breath.