Other conditions decisions — 2024

The Board has remanded the case due to incomplete development of records, including service treatment records and dose estimates for ionizing radiation exposure. The Veteran's claims regarding Agent Orange, Burn Pits, or non-ionizing radiation exposure are also pending.

The Board has remanded the claims for service connection for left and right foot disabilities, including arthritis, due to conflicting evidence regarding the presence of these conditions. The Veteran's representative argues that military training caused the current disability.

The Board denied the appellant's claims for DIC benefits in excess of those already awarded, survivor pension benefits, and accrued benefits due to lack of evidence showing entitlement at the time of her husband's death or pending claims.

The Board has dismissed the appeal as moot because the appellants continue to receive benefits under the PCAFC program, and there is no longer a case or controversy before the Board.

The Board has decided that the cause of death is related to service, despite not being a presumptive condition. The case is sent back for further investigation.

The Board has remanded the case due to a duty to assist error, specifically regarding records within constructive possession of VA that were not associated with the claim file prior to the decision on appeal.

The Board has granted readjudication of the claim for service connection of shin splint, right lower extremity due to new and relevant evidence. However, the Veteran's claims have been denied as there is no persuasive medical evidence supporting a current diagnosis or in-service etiology of shin splints.

The Board denied the Veteran's request for an extension of her Chapter 33 educational assistance benefits, stating that she did not exhaust her entitlement during the term in which she was enrolled and thus VA could only pay a prorated portion of the tuition fee.

The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically regarding the adequacy of the VA examiner's opinion on the cause of the Veteran's non-small cell lung carcinoma.

The Veteran's ambulance ride medical expenses were paid by a third-party provider. The $200 remaining balance represents a copayment, or similar payment, that the Veteran owes to his third-party insurance carrier under the third-party insurance contract and therefore cannot be paid or reimbursed by VA.

The Board has decided to remand the case due to errors in obtaining relevant federal records and a medical opinion regarding the appellant's mental state at the time of his misconduct. The AOJ will obtain SSA disability benefits records, conduct a psychiatric evaluation, and issue a new administrative decision based on the revised provisions of 38 C.F.R. § 3.12.

The Veteran's claim of overpayment of VA education benefits is remanded due to incomplete documentation and the need for a paid and due accounting. The AOJ must locate all relevant documents, including notification letters and award documentation, and provide a formal finding on the validity of the debt.

The Board has determined that new and relevant evidence has been received sufficient to warrant readjudication of the previously denied claim of entitlement to service connection for a right foot condition. The Veteran's claim is now remanded for further development.

The Veteran's claim for increased ratings for numbness of the right and left lower extremities was granted, with a rating of 40 percent assigned for each condition.

The appeal is dismissed as the claim for payment of non-VA medical care provided on June 2, 2020 has been resolved administratively by the VA.

The Board has granted service connection for an acquired psychiatric disorder, finding that the Veteran's current diagnoses are at least as likely as not related to his active duty service.

The Veteran's exposure to herbicide agents during service is not established, and the appellant does not qualify for benefits under 38 U.S.C. sections 1805, 1821, or 1822 due to lack of covered service in Vietnam, Korea, or Thailand. The claimant has been diagnosed with spina bifida but is not entitled to benefits as her mother is not a veteran.

The appeal of the grant of service connection for the cause of the Veteran's death and basic eligibility to Dependents' Educational Assistance (DEA) is dismissed.

The Board denied an effective date prior to August 31, 2011 for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). The Veteran did not first become unable to maintain substantially gainful employment as a result of service connected disabilities during the one year lookback period prior to the August 31, 2011 date of claim.

The Board has decided that the Veteran is entitled to a 30 percent rating for essential tremors of the left hand. However, the issue of service connection for tremor or tremor-related disability of other areas of the body not involving the hands remains pending and requires further examination and opinion.