Other conditions decisions — 2024

The Board has decided that the Veteran's service from September 11, 2001 to May 13, 2003 and August 6, 2008 to September 30, 2011 is not qualifying active service for Chapter 33 educational assistance benefits. The Board has therefore remanded the case to obtain relevant service personnel records and a DoD determination regarding the Veteran's eligibility.

The Board has denied challenges to the creation of an overpayment arising from the Veteran's divorce, but granted challenges to the validity of the period underlying the overpayment. The period is now limited to June 1, 2019, to May 31, 2020. The case is remanded for further action including a paid and due audit and calculation of the proper amount of the Veteran's overpayment.

The Board has decided to remand the claim for DIC benefits prior to August 24, 2012 due to procedural errors and new evidence submitted.

The appeal is dismissed because the appellant is a non-VA healthcare provider who rendered services to the Veteran on May 8, 2020. The billing process and rates of payment are governed by statutory and contractual authority that does not allow for review by the Board.

The Board denied the claim for payment of non-VA medical expenses incurred on January 28, 2021 due to lack of VA authorization.

The Board denied payment of non-VA medical expenses incurred on November 2, 2020, as the services were not authorized by VA and did not meet the criteria for reimbursement.

The Board has determined that the Veteran's pre-existing deviated septum was aggravated during service, and therefore grants service connection for residuals of a deviated septum.

The Veteran's request for a waiver of an overpayment debt in the remaining amount of $41,822.10 was denied as it did not meet the criteria for equity and good conscience.

The Veteran withdrew his appeal, and the Board dismissed it due to lack of allegations of errors in the determination.

The Board has determined that new and relevant evidence has been received, warranting readjudication of the claims for service connection for bilateral lower extremity peripheral vascular disease. The case is now remanded to provide a VA examination and obtain an opinion regarding the etiology of the Veteran's current condition.

The Board dismissed the issue of whether the overpayment debt was proper due to a full grant of benefits by the COWAC, and no longer in appellate status.

The Veteran's schizoaffective disorder, paranoid type was granted a 100 percent schedular rating from September 29, 2020.,Eligibility for Dependents' Educational Assistance (DEA) benefits was also granted from September 29, 2020.

The Veteran's daughter, the Appellant, requested an extension of her delimiting date for education benefits under Chapter 35 (DEA) due to being disabled and family issues preventing her from attending school. The Board denied this request as it was not timely filed.

The appeal was dismissed as the claim for payment of non-VA emergency medical services provided on December 4, 2020 has been resolved by administrative action.

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

The appeal for payment of the cost of non-VA dental services provided on March 4, 2020, is dismissed as the claim was administratively approved and no longer in dispute.

The Veteran's appeal for a higher rating and an earlier effective date for his left hip replacement was denied. The Board found that the current 30 percent rating is appropriate as of July 1, 2018, given the lack of moderately or markedly severe residuals of weakness, pain, or limitation of motion, or use of crutches.

The Board denied the veteran's claim for VRRAP educational assistance benefits because they did not have active military service, which is a requirement to qualify.

The Veteran's appeal for a higher disability rating for left rib 6 and 7 intercostal muscle strain was dismissed because the AOJ accepted his May 2020 VA Form 20-0995, which constituted a concurrent election with the October 2020 VA Form 10182.

The Board has determined that the VA-contracted examination is inadequate and remands the case for an addendum opinion to address whether the Veteran's squamous cell carcinoma is related to service exposure.