Other conditions decisions — 2024

The Board denied the Veteran's appeal as the VA correctly withheld $13,883.10 in military separation pay from her disability compensation benefits.

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

The Veteran's claim for a compensable rating for polycystic ovarian syndrome (PCOS) is denied as the evidence does not show that she requires continuous treatment or has symptoms that do not require continuous treatment.

The Board has determined that there are missing documents in the Veteran's file, specifically medical records for the February 25, 2020 episode of care at Physicians Regional Medical Center Collier. The case is being remanded to ensure a complete record before making a decision.

The Board has granted an initial 10 percent rating for the Veteran's sebaceous cyst, effective from the date of the August 2021 decision. The condition affects between 5 to 20 percent of the entire body.

The Board denied the Veteran's request for an earlier effective date for the award of total disability rating based upon individual unemployability (TDIU), finding that no valid TDIU claim was raised prior to August 21, 2018. The Board concluded there was no factually ascertainable increase in disability within one year prior to the August 21, 2018, claim and thus the effective date of August 21, 2018, is appropriate.

The Veteran's claim for full payment of beneficiary travel expenses was only partially paid because a closer VA facility could have provided the services. The Board finds that the VHA committed a pre-decisional duty to assist error by failing to fully inform or provide details of the evidence relied on to reach its conclusion.

The Veteran's appeal for TDIU and a higher rating for lumbar degenerative changes has been dismissed due to the Veteran's death. The Board cannot issue a decision on these claims as they are pending.

The Board dismissed the appeal as there is no longer a case in controversy regarding the overpayment of VA compensation benefits.

The Board has remanded the service connection claims for poor circulation in both legs, including varicose veins. The Veteran asserts that her leg conditions are related to her service-connected left leg radiculopathy. However, the VA examiner's opinion is inadequate as it did not address whether the varicose veins were caused by any other service-connected condition.

The appeals for payment of non-VA medical services provided on February 20, 2020, and February 21, 2020, were dismissed as the claims have been resolved by administrative action.

The Board has granted the veteran's request for payment or reimbursement of non-VA medical expenses incurred during a hospital emergency stay due to sepsis, finding that VA facilities were not feasibly available and that the treatment was necessary in an emergent situation.

The Board has decided to remand the case due to errors in pre-decisional duty to assist, specifically regarding clarification of the amount of separation pay and the total amount recouped.

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 October 6, 2020.

The Veteran's appeal for a permanent and total disability rating was granted in May 2022, but the appeal is now dismissed as moot because the Veteran already received the benefit he sought.

The Board has dismissed the appeal as the appellant (Veteran's spouse) requested withdrawal of the appeal regarding whether the Veteran has been properly paid additional VA disability compensation benefits for his dependent spouse, M.

The Veteran's claims for additional VA dependency benefits for C.J. and K.S., based on their school attendance, are remanded due to incomplete information regarding their statuses as students.

The Board has dismissed the appeal because a substitution request was pending and not resolved by the AOJ, thus lacking jurisdiction to decide the merits of the accrued benefits claim.

The Board found the overpayment of VA compensation benefits in the amount of $3,944.00 was properly created due to the Veteran's failure to notify VA of his current wife's existence within one year of their marriage.

The Board dismissed the appeal because the issue of whether payment was not rendered for dental services furnished by the appellant is subject to a specific administrative dispute resolution process that does not allow for appellate review.