Other conditions decisions — 2024

The Board dismissed the appeal for payment of non-VA emergency medical services provided on July 17, 2020, as the appellant's claim was administratively approved and paid in full.

The Board denied the Veteran's claim for service connection for right foot brachymetatarsia of the 4th toe, finding that it is a congenital defect and not subject to service connection.

The Veteran's claim for an extension of the delimiting date beyond September 30, 2020, for VA educational assistance benefits under Chapter 33 (Post-9/11 GI Bill) was denied as none of the limited circumstances allowing for such an extension are applicable in this case.

The Veteran's claim for an extension of the delimiting date beyond September 30, 2020, for VA educational assistance benefits under Chapter 33 (Post-9/11 GI Bill) was denied as none of the limited circumstances allowing for such an extension are applicable in this case.

The Board denied the veteran's appeal, finding that his discharge from service was under other than honorable conditions due to being AWOL for over a year. The board concluded there were no compelling circumstances to mitigate this prolonged absence and thus upheld the bar on VA benefits.

The Veteran's claim for a compensable rating for his service-connected herpes simplex is being remanded due to the need for a VA skin examination.

The Board has granted service connection for an unspecified trauma and stressor related disorder, finding that the Veteran's symptoms meet the criteria for this condition due to military sexual trauma during his active duty. Service connection for PTSD was not established as per DSM-5 criteria.

The Veteran's appeals for earlier effective dates for Dependents' Educational Assistance and a total disability rating based on individual unemployability have been withdrawn, resulting in the dismissal of these claims.

The Veteran's claims for service connection for residuals of circumcision and a head disability characterized by dizziness, severe, sharp head, neck and lower back pain are remanded due to the failure to obtain complete service treatment records and provide VA examinations.

The Board has determined that the eligibility for benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) should be remanded due to a lack of adequate review in the July 2023 decision. The Veteran and his spouse contend that he is eligible for PCAFC, but the July 2023 determination found he did not meet eligibility criteria as there was no evidence supporting continuous personal care services for six months or need for regular supervision.

The Board has granted service connection for a sleep disorder, finding that the Veteran's carpal tunnel syndrome with nerve damage is causally related to his sleep impairment.

The Board has determined that the Veteran's claim for service connection for loss of sense of smell should be remanded due to inadequate VA medical opinions and missing records. The case will be returned to the AOJ for further action.

The Veteran's bilateral TMJ dysfunction is granted as service-connected, with no effective date provided.

The Board has decided to remand the case due to errors in creating and validating the overpayment of VA compensation benefits, specifically related to concurrent receipt of active duty pay. The AOJ is instructed to verify the Veteran's pay during his period of active duty from May 2018 to January 2022, request documents from the ARBA, and prepare a paid and due audit. They are also reminded to review the validity of the overpayment based on sole administrative error.

The Veteran's request for an extension of the delimiting date beyond June 24, 2021, for educational assistance benefits under Chapter 33 was denied as there is no evidence showing that his disability prevented him from initiating or completing a program of education.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's jaw condition and his service, specifically the extraction of wisdom teeth.

The Board has decided to remand the claim of entitlement to survivor pension benefits due to a failure to consider evidence received after the initial decision. The appellant's status as the Veteran's surviving spouse needs to be established.

The Veteran's right elbow strain was rated as 0 percent disabling for impairment and 10 percent disabling for flexion. The appeal is denied.,Service connection for a left elbow condition is remanded due to inadequate examination.

The Board has determined that the Veteran's unspecified trauma and stressor related disorder is etiologically related to her active service, resolving all reasonable doubt in her favor. Therefore, the claim for service connection for this condition is granted.

The Board has granted the Veteran's claim for service connection for left hip avascular necrosis, finding that it is related to his in-service injury.