Other conditions decisions — 2024

The Veteran is requesting an earlier effective date for service connection of drug induced akathisia, which was granted in April 2020. The Board has determined that the AOJ committed clear and unmistakable error (CUE) in failing to award service connection for associated drug-induced akathisia due to a complication of bipolar disorder. However, the decision is pending as the AOJ must adjudicate whether CUE was committed.

The Board has decided to remand the case due to a duty-to-assist error and potential exposure to burn pits during service, requiring further medical evaluation.

The Veteran was not reasonably discharging his responsibility for supporting G.S. and the Appellant is granted a general apportionment of the Veteran's VA disability compensation benefits to her on behalf of G.S., in the amount of the dependency allowance paid for G.S. prior to September [REDACTED], 2023.

The Board has remanded the claims for service connection for alcohol use disorder, ulcer residuals (secondary to alcohol use disorder), and headaches due to a lack of sufficient evidence. The claim for an increased rating for spinal stenosis is also remanded.

The Veteran's right rotator cuff tear and glenohumeral joint instability are rated at 20 percent effective December 22, 2021.

The Board has granted the Veteran's challenges to the creation of an overpayment debt in the amount of $16,011.05, finding that it was improperly created due to the Veteran's failure to file VA Form 21-0538, Mandatory Status of Dependents questionnaire.

The Veteran's claim for a higher rating for her service-connected white matter hyperintensities, residuals of heat stroke, is being remanded due to incomplete evaluations and the need for additional development.

The appeal is dismissed as the issue of entitlement to payment for non-VA medical services provided on July 23, 2020 has been resolved by administrative action.

The Veteran's claim for additional dependency benefits for his son, E., and daughter, S., is denied as the claims were not filed within the required timeframe. The effective date of any such benefits would be January 4, 2020.

The Board dismissed the appeal as the claim for payment of non-VA dental services provided on December 17, 2019, was resolved administratively.

The Veteran's appeal was dismissed because she died during the pendency of her case, and therefore the Board has no jurisdiction to consider the merits of her claim.

The Board denied the Veteran's request for an extension of his delimiting date beyond January 29, 2020, due to the COVID-19 pandemic. The Board found that the Veteran was not prevented from using his Chapter 33 benefits prior to the delimiting date and that no other circumstances prevented him from doing so.

The Board found that the appellant's under other than honorable discharge due to a pattern of willful and persistent misconduct constitutes a bar to VA benefits.

The Board has decided that the debt for overpayment of Dependents' Educational Assistance (DEA) benefits was not properly created and is remanding the case to obtain missing education records and divorce documentation.

The Board has decided to remand the case for further development and adjudication under 38 U.S.C. § 1725 due to errors in the previous decision.

The Board has remanded the Veteran's claim of service connection for a dental condition, to include chipped tooth, due to incomplete STRs and outstanding treatment records. The Veteran was deployed to Kuwait where she had a chipped tooth in service. She also experienced another chipped tooth post-service which was removed. The Board found there is insufficient medical evidence to determine whether the Veteran has one of the enumerated dental conditions that are entitled to VA compensation and whether her condition is related to active service. Therefore, remand is warranted for further development.

The Board has dismissed the appeal as the issue of eligibility for benefits under VA's PCAFC had already been finally decided by a previous Board decision.

The Veteran's appeal for payment of non-VA medical expenses incurred on September 26, 2023, is dismissed because no decision regarding the matter has been issued by VA and the process does not allow for Board review.

The Veteran has withdrawn their appeal regarding the increase rating for left achilles tendon rupture, post-repair. The Board dismissed the appeal as a result.

The Board has determined that the Veteran's neck condition is as likely as not related to service and grants service connection for this condition.