Other conditions decisions — 2024

The Board has determined that there is insufficient evidence to support the Veteran's claim regarding a severance pay and has ordered further investigation by the AOJ.

The Board has determined that the March 2024 decision denying eligibility for VA's Caregivers PCAFC program is legally inadequate and requires further development. The Veteran was not provided with a thorough medical opinion to support his claim, and there are inconsistencies in the evidence regarding his need for personal care services.

The appeal was dismissed as the claim for payment of non-VA emergency medical services provided on November 19, 2020 has been resolved by administrative action.

The Board denied the appellant's claim for survivors' pension benefits due to her countable annual income exceeding the applicable maximum annual pension rate (MAPR).

The Veteran's right shoulder disability, including tendinopathy and arthritis, is rated at 30% effective as of the date of this decision.

The Board has granted service connection for other specified trauma and stressor-related disorder, finding that the Veteran's current symptoms are related to in-service combat exposure. The decision resolves doubt in favor of the Veteran.

The Board has remanded the case due to insufficient medical opinion regarding whether POTS is related to service-connected peripheral neuropathy or if it had its onset in service. The Veteran's claim for secondary service connection will be reconsidered with a new medical opinion.

The Board has dismissed the appeal for entitlement to attorney fees based on past-due benefits awarded in the February 2020 rating decision as the appellant requested withdrawal of the appeal.

The Veteran's requests for earlier effective dates for service connection are dismissed. The Board also remanded the issue of service connection for a traumatic brain injury (TBI).

The appeal is dismissed as the claim for payment of non-VA medical services provided on May 23, 2019 has been resolved administratively.

The Veteran's claim for an initial rating greater than 30 percent for service-connected unspecified trauma- and stressor-related disorder is being remanded due to a pre-decisional duty to assist error. Relevant private treatment records were not obtained before the January 2022 decision.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of cranial nerve damage was denied due to lack of evidence showing carelessness, negligence, or similar instance of fault on VA's part.,The Veteran's request for a temporary 100 percent evaluation due to convalescence following the CEA surgery was also denied.

The Veteran's claims for service connection for blisters of the feet and skin fungus were denied in a previous decision. New evidence has been submitted, including photographs, medical records, statements, and medications. The claims are being remanded to allow for further development.

The Board has determined that the VA examination and medical opinion are inadequate, as they did not consider the Veteran's lay statements regarding his current symptoms. The Board is therefore remanding the case to obtain a new examination and opinion.

The Board denied the Veteran's request for an earlier effective date of July 1, 2019, for additional dependency compensation for his current spouse. The decision stated that the earliest possible effective date was September 2019 due to the one-year waiting period after marriage and the receipt of evidence within a year of notification.

The Veteran's child was notified of her eligibility for Dependents' Educational Assistance (DEA) benefits, but did not respond within the 60-day period to choose a beginning date. The VA used March 11, 2021 as the default effective date.

The Board has decided to remand the claim of entitlement to service connection for aching feet, which is currently secondary to the Veteran's service-connected back disability.

The Veteran's non-VA medical services provided by the appellant were authorized by VA and thus, payment or reimbursement is granted.

The Board dismissed the appeal as it does not have jurisdiction to decide the appeal due to the nature of the underlying statutory authority.

The appeal is dismissed as the claim for payment of non-VA medical services provided on November 17, 2020, was administratively approved and payment issued.