Other conditions decisions — 2024

The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to duty-to-assist errors and the need for a medical opinion regarding the cause of his penile deformity and herniation following the implantation of a penile prosthesis.

The Board has determined that the Veteran's character of discharge from service for the period from February 26, 1998, to February 18, 2009, is dishonorable and constitutes a bar to VA benefits.

The appeal for ambulance transportation services provided by the Bath Fire Department on February 18, 2020, is dismissed as Ohio Billing, the entity that filed the Notice of Disagreement, is not a proper claimant.

The Board has determined that the claim for payment or reimbursement of non-VA medical services provided by John Muir Medical Center on October 2, 2019, was administratively approved while the appeal was pending. As a result, the issue is dismissed.

The Veteran's spouse filed a claim for reimbursement of unauthorized medical expenses from May 7, 2019 to May 8, 2019. The VA denied the claim as it was not submitted within the required 90-day period after discharge.

The Board has decided to remand the case due to a pre-decisional duty to assist error. The AOJ is required to conduct a financial audit of aid and attendance benefits paid from June 24, 2021, through December 31, 2021.

The Veteran's application for Chapter 33 education benefits for a course of training at Holyoke Fire Department starting in October 2005 was denied because he applied more than one year after his delimiting date, the training occurred over 15 years prior to the date of claim, and he already received Chapter 30 education benefits for this apprenticeship.

The Board has restored the Veteran's status post stress fracture, right foot rating from 10% to 20%, effective January 1, 2022, as the reduction was improper due to lack of improvement in the condition.

The Board dismissed the appeal as there was no claim for benefits filed, and thus no decision by VA regarding payment or reimbursement of non-VA medical expenses incurred from August 29, 2018, to August 31, 2018.

The Board has decided to remand the case due to a potential error in the active-duty period for Debt Period 6, and needs clarification on this matter before making a decision.

The Veteran's appeal to the Board of Veterans' Appeals regarding his entitlement to additional educational assistance benefits under the Montgomery GI Bill was dismissed because the September 2020 VA Form 10182, which he used to appeal, is not considered a final decision.

The Veteran's dental condition is denied as there was no service trauma or loss of substance of the mandible and/or maxilla bone, and dentures could replace missing teeth. Service connection for treatment purposes only is not granted.

The Board found that the overpayment of VA compensation benefits for D. (the Veteran's spouse) was not valid as she remained his dependent and they were still married.

The Veteran's bradycardia with stable angina is being remanded for an addendum medical opinion to determine if it caused functional impairment of earning capacity and whether it began during or was otherwise caused by his military service.

The Board denied the Veteran's request for payment or reimbursement of non-VA medical expenses incurred on December 29, 2020 due to a lack of VA authorization.

The Veteran is granted special monthly compensation (SMC) at the statutory housebound rate effective June 28, 2018.

The Board has decided that the Appellant's claim for payment or reimbursement of non-VA care on November 3, 2018, and November 10, 2018 was deficient due to a lack of prior authorization number. The decision is remanded to allow the AOJ to clarify why the claim was deficient and provide an appropriate amount of time for resubmission.

The Board remands the Veteran's claim for a cough condition with shortness of breath to correct pre-decisional duty to assist errors.

The Veteran's right and left shin splints are granted a 10 percent rating, effective as of the date of this decision.

The Veteran's emergency treatment on January 28, 2020 was not covered by VA because the claim for reimbursement was filed more than 90 days after discharge.