Other conditions decisions — 2024

The Veteran's claims for increased ratings and TDIU are being remanded due to the inclusion of pre-decisional errors in the November 2021 SSOC, including failure to consider updated VA treatment records and inadequate examination.

The Board has remanded the case due to new evidence submitted by the appellant, and the nature and etiology of the Veteran's right ear hearing loss is unclear. The cause of death claim will be reconsidered.

The appellant is not eligible for additional attorney fees beyond the $29,534.89 awarded in the August 2022 decision, based on 20 percent of the past-due benefits awarded in the June 2020 rating decision.

The Veteran's appeal for additional Post-9/11 GI Bill education benefits was denied because he had already exhausted his entitlement under the program, and thus could not receive an additional 12 months of benefits. The issue is related to a prior election made by the Veteran in November 2014.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's bilateral foot condition is related to his military service. The claim will be reconsidered with a new examination and opinion.

The Veteran's claim for service connection for an eye disability, including blurry vision, optic atrophy, retinal artery occlusion, and retinal vascular occlusion as secondary to her service-connected Multiple Sclerosis and chronic fatigue syndrome is remanded due to a pre-decisional duty to assist error.

The Veteran's appeal for a power wheelchair was dismissed because there is no denial of the benefit sought, and the Board does not have jurisdiction over this issue.

The appeal is dismissed as the claim for payment of medical services provided at Bethesda Hospital has been administratively approved and marked 'to be paid' by VA.

The Veteran's claim for special monthly compensation based on the need for aid and attendance and/or housebound status is remanded due to a lack of a VA examination focusing solely on his service-connected disabilities.

The Veteran's appeal for TDIU was dismissed because the VA Form 10182 submitted in April 2021 was not a valid appeal due to improper timing and lack of good cause.

The Veteran withdrew his appeal, and the Board dismissed it.

The Board dismissed the appeal because the claim was not properly filed by a recognized representative and did not identify the specific determination with which the Veteran disagreed.

The Board denied service connection for a respiratory condition as there is no evidence of current disability that has reduced earning capacity.

The Board has determined that the Veteran's claim for payment of unauthorized non-VA ambulance transportation services provided on April 26, 2023 is remanded due to errors in development and consideration. The AOJ must obtain relevant records, including the claim, ambulance treatment records, and private treatment records from April 26, 2023. Additionally, the Veteran's income information should be requested for proper analysis under 38 U.S.C. § 1725.

The Board has granted service connection for a hematologic and lymphatic disability, including MDS with manifestations progressing to AML. The appeal for anxiety and depression is dismissed as moot due to the VA rating decision recognizing these conditions as manifestations of service-connected psychiatric disorders.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for HIV infection by VAMC was denied, and the Board found that there is no evidence to support a finding of fault on VA's part in causing his HIV infection. The issue of service connection for residuals of HIV infection has been remanded due to duty-to-assist errors.

The Veteran's claim for an earlier effective date of service connection for painful scar status post intestine resection associated with Crohn's disease status post small intestine resection with duodenal ulcer is granted. The appeal regarding the TDIU was dismissed as moot due to the grant of an earlier effective date.

The Veteran's appeal is dismissed because he lacks standing to appeal his daughter's decision. The Veteran was not eligible for MGIB benefits transfer due to lack of agreement to serve additional years and absence of authorization from the service department.

The appeal has been dismissed due to the Veteran's death. The Board does not have jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's claim for an effective date earlier than August 14, 2019, for a total disability rating based on individual unemployability (TDIU) is denied. The earliest date as of which it is factually ascertainable that the Veteran was unable to work due to his service-connected disabilities is September 13, 2019.