Other conditions decisions — 2021

The Veteran's spouse is not service-connected for any disability and therefore does not meet the criteria for aid and attendance or housebound allowance.

The Board dismissed the appeal because it does not have jurisdiction to review claims for payment of medical services provided by a non-VA provider through the Veterans Community Care Program (VCCP).

The Veteran's service-connected genital herpes disability is rated at 60 percent effective from September 26, 2019. The Board found that the condition required constant or near-constant systemic therapy over a 12-month period and granted an increased rating.

The Board dismissed the appeal because the restoration of T.N. as a dependent spouse was already granted and effective from December 1, 2007.

The Board denied the claim for a Government-furnished headstone or grave marker as the Veteran's grave was already marked, and thus did not meet the eligibility criteria due to his death prior to November 1, 1990.

The Veteran's claim for SMC based on the need for regular aid and attendance was granted with an effective date of March 29, 2018. The Board found that it was factually ascertainable that he met the criteria for this benefit as of March 29, 2018.

The Veteran's appeal was dismissed because there was a billing error due to a missing/incomplete/invalid birthdate, and the claim was processed for payment of services.

The appeal was dismissed as the outcome sought has been resolved by a change in the law and subsequent administrative action, resulting in no remaining allegation of error of fact or law.

The Board has restored the TDIU rating effective February 1, 2021 due to procedural issues. The case is also remanded for consideration of an earlier effective date and extraschedular TDIU.

The Board has remanded the claim for a total rating based on individual unemployability due to service-connected disabilities, as it requires an extraschedular determination by the Director, Compensation Service.

The appeals for survivors' pension benefits and the cause of death have been dismissed due to the appellant's death.

The Veteran's back disability was rated at 20% prior to May 27, 2014 and granted a 40% rating effective from that date. The current rating of 40% is maintained since then.

The Board found the appellant's discharge under other than honorable conditions was due to willful and persistent misconduct, which constitutes a bar to VA compensation benefits. The appeal is denied as it pertains to character of discharge rather than service connection.

The Board has determined that additional evidence is needed to properly evaluate the Veteran's claim for an increased rating for her service-connected left foot tarsal bone fracture. The case is being remanded to allow for further development of the record, including obtaining any outstanding medical records and scheduling a VA examination.

The Veteran's initial ratings for painful motion of various fingers were denied. The Board found that the criteria for an increased rating did not meet the requirements, as there was no evidence of ankylosis or other functional impairment warranting a higher rating.

The Board has remanded the Veteran's claims for service connection and nonservice-connected pension benefits due to incomplete records, including a lack of service treatment records. The Veteran is also required to undergo an examination regarding his nonservice-connected disabilities.

The Board denied the veteran's claim for service connection for a low back disability due to fraud, as the appellant used the deceased Veteran's identification information to obtain VA benefits.

The Board has denied the Veteran's claims for service connection for memory loss, insomnia, peripheral drusen, cataracts, and retina degeneration as they are not separate disabilities from her service-connected PTSD.

The Veteran's TDIU claim for the period prior to January 25, 2012 was denied as his service-connected disability did not meet the schedular criteria for a TDIU and there is no evidence of an exceptional or unusual disability picture productive of marked interference with employment.

The Board has remanded the issues of entitlement to an apportionment in excess of $125 per month prior to July 1, 2016 and for an effective date prior to October 14, 2011, for the award of an apportionment of the Veteran's VA compensation benefits to the appellant on behalf of A.B., the Veteran's child. The issues were remanded due to incomplete development following a previous Board remand.