Other conditions decisions — 2024

The Board remands the Veteran's claims for separate compensable initial evaluations and an increased evaluation for ALS, as well as the issue of whether the severance of service connection for myelopathy was proper.

The Veteran's appeal for service connection for a liver disorder has been dismissed due to the appellant's withdrawal of her request.

The Board granted service connection for basal cell carcinoma, resolving reasonable doubt in the Veteran's favor.

The Veteran's death precludes initial eligibility for PCAFC benefits, and the appeal is denied as a matter of law.

The Board denied the Veteran's pension benefits as his income exceeded the maximum annual pension rate, effective November 1, 2021. The decision was based on the increase in his Social Security Administration (SSA) benefits.

The Board finds that there was a pre-decisional duty to assist error and remands the case for further development, including obtaining verification from the Veteran's children as to whether a claim was being filed as joint class of potential substitutes or for accrued benefits.

The Veteran withdrew his appeal for entitlement to an evaluation in excess of 30 percent prior to July 6, 2020, for a left knee disability; entitlement to an evaluation in excess of 30 percent prior to July 6, 2020, for a right knee disability; and entitlement to an evaluation in excess of 10 percent for sinusitis.

The Board has decided to remand the case due to a potential error in the effective date of the overpayment and an incomplete record. The Veteran is seeking a waiver for an overpayment of VR&E subsistence allowance.

The Board has dismissed the appeals for payment of non-VA dental and medical services provided on specific dates due to the lack of authority for Board review under the Veterans Community Care Program (VCCP).

The Board has granted an increase in the apportionment amount to $688.00 per month for the period from December 2019 to March 2021, on behalf of three minor children.

The Board has decided that additional development is needed to determine the Veteran's eligibility for a Certificate of Eligibility (COE) for a VA loan guaranty. The AOJ will need to obtain relevant documents and conduct an audit of the Veteran's loan guaranty account.

The Veteran's claim for payment or reimbursement of non-VA medical care provided by Riverside Radiology on November 22, 2022 is remanded due to inadequate notice under 38 U.S.C. § 5104(b).

The Board denied the claim for payment or reimbursement of non-VA medical expenses due to untimely filing, as the appellant's claim was received more than 90 days after the discharge from the private facility.

The Board remands the claim for service connection for squamous cell carcinoma of the throat to obtain additional medical opinions regarding the relationship between the Veteran's condition and his service-connected GERD, as well as any toxic exposures during service at Camp Lejeune.

The Board remands the claim for service connection for gout to obtain an additional VA medical opinion.

The Board denied an earlier effective date for TDIU and DEA benefits, as the Veteran's service-connected disabilities did not render him unable to secure or maintain substantially gainful employment prior to November 20, 2019.

The Veteran's service is considered peace time, not wartime. Therefore, he does not meet the basic eligibility criteria for nonservice-connected pension benefits.

The Board granted the replacement of a government-furnished grave marker to correct the inscription of the Veteran's legal name.

The Veteran's claim for a higher rate of Post 9/11 GI Bill (Chapter 33) educational assistance benefits is denied as his qualifying active-duty service amounts to 935 days, which corresponds to the current 90 percent rate.

The Board remands the matter to refer it to the Director, Compensation Service, for extraschedular consideration of TDIU prior to June 22, 2017.