Other conditions decisions — 2024

The Veteran's mother is granted additional compensation benefits as a dependent parent due to her reasonable maintenance needs, while the Veteran's father's income exceeds the threshold for dependency.

The appeal for accrued benefits in excess of $5,508.24 is dismissed as a duplicate appeal and has been addressed separately under a different docket number.

The Board has decided to remand the claim of entitlement to payment or reimbursement of non-VA medical expenses for treatment provided by the appellant on March 26, 2019. The AOJ must provide complete notice including a summary of the evidence, applicable laws and regulations, identification of findings favorable to the claimant, and payment calculations conducted by the AOJ.

The appeal is dismissed as the claim for payment of non-VA medical services provided on November 23, 2020, was administratively approved and payment issued.

The Veteran's right hip disability does not meet the criteria for a higher rating as her flexion is limited to 125 degrees, which falls within the current 10% rating.,The Veteran's right hip limitation of extension and flexion are both rated at 10%, with no basis for a higher rating.

The Veteran's claim for an earlier effective date for additional compensation benefits for his spouse was denied as there is no evidence of a dependency claim prior to October 2021, and the earliest relevant date is July 1, 2015. The decision must be denied.

Your special home adaptation grant was granted in July 2020, and as a result, your claim for a special home adaptation is now moot.

The Board dismissed the appeal as it does not have jurisdiction to review the claims for payment of non-VA medical services provided by appellant on August 3, 2020.

The Board denied the veteran's claim for payment of non-Department of Veterans Affairs (VA) medical expenses incurred on February 16, 2021 due to a lack of VA authorization.

The Board denied the Veteran's request for educational assistance benefits under Chapter 33 at a rate greater than 70 percent, as his qualifying service period was already used to establish eligibility for Chapter 30 benefits.

The Veteran's claim for earlier effective date of special monthly compensation (SMC) based on the need for aid and attendance is granted as of February 15, 2019. The Board found that the Veteran has been in need of regular care due to his service-connected disabilities since at least 2015.

The Board has dismissed the appeal regarding payment for non-VA medical services provided on January 14, 2020. The decision is based on the governing statutes and regulations that do not allow for review of such payments by the Board.

Your appeal for payment of non-VA medical services provided on November 2, 2020 has been dismissed as the claim was resolved administratively.

The Veteran's adult daughter, P. J., is diagnosed with sickle cell disease and may be receiving Social Security Disability benefits. The AOJ failed to obtain relevant SSA records for P. J. prior to the November 2023 rating decision, which requires remand.

The Board has granted service connection for squamous cell carcinoma, finding it related to the Veteran's in-service exposure to burning fuel and oil fires. The effective date is not specified as the claim was decided under the PACT Act.

The Board has decided to remand the claim of service connection for upper lobe predominant emphysema due to a pre-decisional duty-to-assist error, specifically that the AOJ erred in relying on incomplete and inadequate January 2022 VA opinions addressing the claim. The Veteran's emphysema is presumed related to exposure to burn pits during service in Saudi Arabia from February 1991 to March 1991.

The Board has remanded the claim for service connection for polycythemia vera (PV) due to a pre-decisional duty to assist error. The AOJ will consider any additional evidence that has been submitted when this claim is readjudicated.

The Board has remanded the case due to a lack of an adequate medical opinion regarding whether the Veteran's current left hip disability is related to his in-service treatment. The Veteran was diagnosed with a left hip strain and soft tissue/bone contusion during service, but the VA examiner did not adequately consider the Veteran's lay statements about the progression of his symptoms.

The Veteran's child, the appellant, is not entitled to payment of Dependents' Educational Assistance (DEA) benefits prior to August 30, 2018, as her application was received more than one year after the notification of eligibility for such benefits.

The Veteran's stepchild, C.W., was previously removed from his VA compensation due to not meeting the criteria for being a helpless child. The AOJ found that C.W.'s disability onset date was June 30, 2021, which is after he turned 18 years old. The Board determined this finding was erroneous and remanded the case for further action.