Other conditions decisions — 2024

The Board has granted a waiver of an overpayment of VA pension benefits due to the Veteran's incarceration, finding that recovery would be against equity and good conscience given the fault on both the part of the Veteran and VA, as well as the Veteran's financial hardship.

The Board dismissed the appeal as moot because a decision granting an extension of the delimiting date for education benefits under the Post-9/11 GI Bill was issued in November 2020.

The Board dismissed the appeal regarding a disability rating for narcolepsy with myoclonus and cataplexy due to the appellant's withdrawal of the appeal.

The Veteran's appeal to add his spouse C.M. as a dependent for VA disability compensation benefits has been withdrawn and dismissed.

The Board dismissed the appeal for an attorney fee based on past-due benefits awarded in April 2024 due to a rating decision regarding special monthly compensation (SMC) for loss of use of a creative organ. The attorney's notice of disagreement was found to be invalid as it did not address a relevant appealable decision.

The Board denied the Veteran's request for an earlier effective date for the award of dependency benefits for his spouse, citing that he did not provide VA with information about her until October 2020.

The Board has remanded the claims for an increased rating and TDIU due to the Veteran's chronic idiopathic urticaria (CIU), finding that the available schedular ratings are inadequate given his severe manifestations despite third-line treatment. The claims will be referred to the Director of Compensation Service for consideration.

The Board has granted payment of $480.00 for non-VA medical expenses provided by Healing Hands Clinic on February 12, 2018; February 26, 2018; and June 8, 2018.

The Veteran's cause of death is denied as his esophageal cancer, which led to his death in September 2019, was not related to any service-connected disability.

The Veteran's appeal for higher initial disability ratings for HIV infection associated with dementia was denied. The highest rating granted was a 100% disability rating effective March 27, 2006.

The Board has found that the Veteran's squamous and basal cell carcinoma is etiologically related to his service, granting service connection for these conditions.

The Board denied retroactive recognition of the Veteran's former spouse, M., as a dependent for purposes of dependency benefits because the Veteran did not notify VA of her existence within one year after their divorce in October 2016.

The Veteran's appeal for dependency compensation has been dismissed due to their death during the pendency of the appeal.

The appeal for service connection for dependency and indemnity compensation (DIC) has been dismissed as the claim was fully granted with other benefits.

The Board granted a Level 2 stipend under the PCAFC for the Veteran's caregiver due to his inability to self-sustain in the community, based on need for supervision and instruction.

The Board has remanded the case due to the need for further development and medical opinion regarding the Veteran's glioblastoma, which is a condition associated with exposure to burn pits as per the PACT Act.

The Veteran is not competent to manage her VA benefits due to serious mental illness that impairs her ability to utilize prudent judgment, and the Board finds this finding proper.

The Board denied the Veteran's claim to recognize J.L.M. as his dependent spouse for VA purposes due to insufficient evidence of her marriage and divorce, including potential common law marriages.

The Veteran's claim for VR&E benefits was denied due to her failure to cooperate in the initial evaluation. The Board has determined that there is a pre-decisional duty to assist error and remands the case for an appropriate evaluation.

Your appeal has been dismissed because the VA Office of Community Care approved your claim for payment of non-VA medical services provided on June 21, 2019. The amount paid was $79.20.