Other conditions decisions — 2024

The VA denied the veteran's request for a government-furnished headstone, grave marker, or medallion due to lack of active-duty service. The appellant's husband had only served in Active Duty Training and Inactive Duty Training, which did not meet the eligibility criteria for burial in a national cemetery.

The appeal for Total Disability Based on Individual Unemployability (TDIU) has been withdrawn by the appellant and is now dismissed.

The appellant's claim for accrued benefits was denied because she did not file her initial claim within one year after the death of the Veteran's surviving spouse, and no evidence was provided to show an earlier submission. The appeal is also denied as there is no evidence that the appellant received payments directly from VA.

The Veteran's schizoaffective disorder is granted as service connected due to a presumption of service connection based on symptoms experienced during active duty and continuing since separation.

The Veteran's claim for an evaluation in excess of 70 percent for somatic symptom disorder with predominant and persistent pain was denied.,The Veteran's claim for an effective date prior to July 22, 2019, for the grant of TDIU due to service-connected disabilities was also denied.

The Board dismissed the Veteran's claims for service connection for flatfoot in both feet due to a procedural issue with the November 2022 Appeals Modernization Act (AMA) Notice of Disagreement, which did not constitute a timely appeal of the September 2017 Legacy rating decision.

The Veteran's overpayment of VA compensation benefits was denied as recovery would not be against the principles of equity and good conscience due to fault on his part for creating the debt, despite no evidence of fraud or bad faith.

The appeal is dismissed as the claim for payment of non-VA dental care services provided on January 20, 2021 has been resolved by administrative action.

The Board has remanded the case due to the need for additional medical opinions and records, particularly regarding private treatment records from Dr. Durando and the Veteran's unidentified urologist in Pennsylvania.

The appeal for payment or reimbursement of non-VA medical services provided by the appellant on April 1, 2021 is dismissed because it was not filed within one year of the June 2022 decision.

The Board denied the Veteran's claim for service connection for a muscle disorder, including muscle atrophy of groups I-IV, as there is no evidence of such a condition and it was not caused or aggravated by his service-connected right shoulder osteoarthritis.

The Veteran has withdrawn their appeal for an earlier effective date for the award of special monthly compensation based on aid and attendance.

The Board denied the Veteran's request for an earlier effective date for service connection of right and left foot corns and calluses, finding no legal basis to assign such a date.

The Board has decided to remand the case due to a duty to assist error regarding the Veteran's claimed in-service asbestos exposure, which is not related to his throat cancer.

The Board has denied the Veteran's claims for service connection for left thigh muscle condition, right calf muscle condition, and right elbow condition due to a lack of current diagnoses.

The Board denied the Veteran's claim for service connection for a right leg disability, finding that there is no current evidence of a right leg disability or functional impairment related to her active service.

The Veteran's claim for an initial rating higher than 10 percent for joint pain and stiffness due to an undiagnosed illness, including whether separate ratings are warranted for bilateral hands and wrists, is remanded due to a duty to assist error. A retrospective VA musculoskeletal assessment is needed.

The Board has determined that there are outstanding records related to the claim for nonservice-connected burial benefits and remands the case to ensure all relevant files have been obtained.

The Veteran's waiver request for overpayment was denied due to his failure to update his financial status report, which did not reflect the income and expenses of his current spouse. The Board has ordered a remand to allow the Veteran to provide an updated FSR.

The appeal for payment or reimbursement of non-VA medical services provided on August 1, 2019 is dismissed because the claimant (Firm Revenue Cycle Management) did not have proper standing to file a Notice of Disagreement.