Other conditions decisions — 2024

The Board has decided to remand the case due to inadequate VA examination, and a new one must be conducted.

The Board has dismissed the appeals for payment of medical services provided by Breathe Easy Dentistry on October 10, 2019 and November 26, 2019 due to the governing statutes and regulations not allowing for Board review of such claims.

The Board denied the Veteran's claim for basic eligibility for educational assistance benefits under Chapter 33 of Title 38 due to his character of discharge being not honorable and lack of qualifying service.

The Veteran requested to withdraw his appeal for an increased disability rating for primary insomnia, and the Board has dismissed the claim.

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

The Veteran's appeal for Beneficiary Travel expenses associated with Claim Number TC202403020992216 was dismissed because the Veteran did not provide any information regarding the issue being appealed or the Department of Veterans Affairs (VA) decision being appealed.

The Board has decided to remand the case due to a lack of adequate review and consideration of the Veteran's need for personal care services, as evidenced by his functional assessment. The VA must obtain a medical opinion regarding whether the Veteran meets the eligibility criteria for PCAFC.

The Board has dismissed the appeal as it does not have jurisdiction to review the contractual payment rate for medical services provided by Mennonite General Hospital Inc., from April 1, 2020 to April 30, 2020 due to the specific dispute resolution process established under VCA.

The Veteran is receiving VA compensation benefits for his child, R.K.B., but he is not reasonably discharging his responsibility to support the child. The Board has granted a general apportionment of the Veteran's VA compensation benefits on behalf of his child.

The Veteran's surviving spouse was awarded a $2,000 burial allowance based on service-connected death. The Appellant, the Veteran's son, filed for burial benefits but is denied as VA can only pay one representative.

The appellant withdrew her appeal for DIC benefits, and the Board dismissed it.

The Board found the Veteran's waiver request was timely filed and remanded for further consideration on the merits.

The appeal for payment or reimbursement of non-VA medical services provided by the appellant from December 1, 2018 to December 31, 2018 is dismissed as there was no adverse action taken and the appellant is in receipt of the benefit sought.

The Veteran withdrew his appeal for payment or reimbursement of medical services received at Northside Hospital on August 11, 2020.

The appeal is denied because the non-VA medical services provided on January 12, 2021 were not authorized by VA and thus there is no legal basis for payment.

The appeal for payment of the cost of non-VA emergency medical services provided on September 25, 2019, is dismissed as the claim was administratively approved and no disagreement remains.

The appeal for payment or reimbursement of non-VA medical services provided by the appellant from September 1, 2019 to September 30, 2019 is dismissed as moot.

The Board denied the Veteran's request for an earlier effective date for adding dependent children and a spouse to her VA award, as the required information was not provided within one year of the relevant events.

The Veteran's heart disability is related to his military service, specifically exposure to herbicides during service in Thailand. The Board granted the claim for atherosclerotic coronary vascular disease with congestive heart failure on direct basis.

The Veteran's request for a waiver of overpayment debt due to simultaneous receipt of VA compensation benefits and military training pay, as well as retroactive removal of a dependent child, was granted. The decision found no indication of fraud or bad faith on the part of the Veteran, but faulted him for not waiving concurrent payments and reporting changes in his dependency status.