Other conditions decisions — 2024

The Board denied the Veteran's appeal as the overpayment of $898.00 for a dependent spouse was proper and valid due to timely removal after divorce notification.

The Veteran is requesting that the July 16, 2010 rating decision be revised on the basis of clear and unmistakable error (CUE) regarding his syncope/passing out condition. The RO did not address this issue in their July 2021 decision.

The Board found that the Veteran and S.H. did not continuously cohabitate from their marriage until his death, leading to a denial of recognition as the surviving spouse for VA purposes.

The Veteran is granted an effective date of May 27, 2021 for a 10% rating for right elbow disability.,An earlier effective date for the separate ratings for limitation of right elbow and extension of forearm associated with right elbow disability is denied.,The Veteran's request for an earlier effective date for his 10% rating for right middle finger disability is also denied.

The Board denied the appellant's claim for retroactive payments of Dependents' Educational Assistance (DEA) benefits prior to March 16, 2020 as there is no legal basis for such payment.

The June 30, 1992 rating decision was revised to grant a 100 percent disability rating for panic disorder due to the Veteran's demonstrated inability to obtain or retain employment as a result of his service-connected condition.

The Board has decided to remand the claim of overpayment for further clarification and consideration due to incomplete information regarding the Veteran's coursework completion and mitigating circumstances.

The Board denied the appellant's claim for VA benefits due to his character of discharge from service, which was under dishonorable conditions.

The Veteran's child is already receiving the maximum DIC benefits allowed by law, and there is no basis to grant a higher rate based on military or government retiree status.

The Veteran did not have any unpaid VA benefits at the time of his death, and neither accrued benefits nor a survivor's pension are warranted due to income exceeding applicable maximum annual pension rates (MAPRs).

The Veteran's earlier effective date claims for TDIU and SMC based on housebound criteria are remanded due to the need to adjudicate his clear and unmistakable error (CUE) motions.

The Veteran's claim for TDIU was denied initially, but the RO granted it in an October 2022 rating decision effective December 7, 2018. The appellant is eligible to direct payment of attorney fees based on past-due benefits awarded.

The Board has remanded the claims for service connection for aortic stenosis and hepatic steatosis due to insufficient evidence, including the need for a VA examination with medical opinion regarding the etiology of these conditions.

The Board has dismissed the appeals seeking payment for medical services provided through VA's Community Care program from October 2019 to March 2020 as the process does not allow for appellate review by the Board.

The Board denied the claim for VA death pension benefits due to a bar on eligibility based on the Veteran's character of discharge, which was found to be under conditions other than honorable.

The Veteran's eligibility for benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded due to a lack of proper notification and compliance with statutory requirements.

The Board denied the Veteran's request for a waiver of overpayment debt due to concurrent payment of VA compensation benefits and drill pay, as well as retroactive suspension of VA compensation benefits upon return to active duty. The decision found that the Veteran was solely at fault for creating part of the overpayment and that repayment would not cause undue financial hardship.

The appeal for survivor pension benefits is dismissed due to an impermissible concurrent election of review.

The Board dismissed the appeal regarding the termination of nonservice-connected pension benefits, effective June 1, 2015, as it was determined to be improper and no overpayment remained.

The Board has remanded the claim for a VA examination to determine if the Veteran's major neurocognitive disorder is related to in-service exposure to jet fuel and grease, caused by his service-connected hearing loss, or aggravated by his service-connected hearing loss.