Other conditions decisions — 2024

The Veteran's spouse was found eligible for Dependents Educational Assistance (DEA) benefits on June 22, 2010. The Board denied the request to extend the delimiting date beyond June 23, 2020, as there is no legal basis for such extension.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal.

The Board has received a withdrawal request from the appellant for their appeal concerning payment of non-VA medical services provided by Ascension Providence on May 25, 2020. As such, the appeal is dismissed.

The appeal regarding the award of attorney fees based on past-due benefits awarded in a March 2022 rating decision has been dismissed as the amount withheld for this purpose was returned to the Veteran.

The Veteran requested an effective date prior to March 19, 2021, for the award of nonservice-connected pension benefits. The Board is remanding this claim due to a missing document (November 2020 VA Form 21-0966) that could provide information on whether the Veteran intended to file for pension benefits.

Your appeal has been dismissed as the VA has already administratively approved and paid for your claim of $4,490.00 for non-VA medical services provided to you from February 1, 2020, to February 20, 2020.

The appeal for apportionment of the Veteran's VA benefits is dismissed due to his death.

The Board has dismissed the appeal as there are currently two duplicative AMA docket appeals regarding the Appellant's eligibility to additional attorney fees based on the past-due benefits awarded in the April 2022 rating decision.

The Board has determined that the Veteran's Myelodysplastic syndromes are related to his in-service exposure to benzene, and thus service connection is granted.

The Board denied DIC benefits as the Veteran's surviving spouse because the appellant and the Veteran did not meet the legal requirements for a valid common law marriage in California, where they resided. The appellant was married to the Veteran for less than one year prior to his death.

The Board has dismissed the claim of entitlement to SMC based on the need for aid and attendance for the Veteran. The issue of SMC based on the need for aid and attendance for the Veteran's spouse is remanded.

The Veteran's representative requested to revoke their Power of Attorney, but the motion was not granted due to lack of good cause. The Board found a pre-decisional error in VA's duty to assist and ordered remand for obtaining SSA disability benefits records and treatment records from Reliable Pediatrics.

The Veteran's benefits were not apportioned because he and his spouse were still residing together at the time of the September 2020 decision, making him ineligible for apportionment.

The Board dismissed the appeal of the claim for Dependency and Indemnity Compensation (DIC) based on service connection for the cause of death due to a procedural error in using the AMA appeals system when the issue remained exclusively in the Legacy appeals system.

The Board has remanded the case due to errors in obtaining necessary medical opinions and records, particularly regarding exposure to ionizing radiation and commercial herbicides. The Veteran's death was caused by diffuse large B-cell lymphoma but there is no clear evidence of service connection for cause of death.

The Board has remanded the case due to an inadequate VA examination, and a new one must be conducted to determine if the Veteran's pes cavus is a congenital defect or disease, and whether any additional disability was related to service.

The Board denied the Veteran's claim of CUE in the May 1994 rating decision that awarded service connection for chondromalacia patellae of both knees and assigned a single 10 percent rating, finding no clear and unmistakable error.

The Board has determined that the Appellant is eligible for attorney fees based on past-due benefits awarded in a July 2021 rating decision, as it found clear and unmistakable error (CUE) in a February 1982 rating decision regarding SMC(r)(1).

The Veteran's claim for additional Post 9/11 GI Bill (Chapter 33) education benefits is denied as he did not exhaust his MGIB entitlement prior to electing Chapter 33 benefits, limiting him to a maximum of 36 months under either program.

The Veteran's service connection claim for residuals of a cerebrovascular accident (stroke) is granted, as the evidence shows that his current disability originated during service.