Other conditions decisions — 2024

The Board denied the claim for service connection for chronic granulomatous disease as there is no evidence of an in-service event or indication that a current disability may be associated with service.

The Veteran's death was not due to a service-connected disability, as his conditions did not have their onset in service or were otherwise causally related. Service connection for the cause of death and DIC benefits were denied.

The Board denied the Veteran's request for an earlier effective date of September 8, 2015, for the grant of special monthly compensation (SMC) based on aid and attendance. The decision found that September 8, 2015, was the earliest possible effective date due to the receipt of a formal claim.

The Veteran's BPH was granted a rating of 40 percent prior to July 13, 2023, and a 60 percent rating on and after that date. The effective date for the 60 percent rating is set at July 13, 2023.

The Board has granted service connection for peripheral artery disease of the right lower extremity as a secondary condition to the Veteran's service-connected coronary artery disease.

The AOJ denied the Veteran's application for PCAFC benefits due to a lack of evidence showing he needed continuous personal care services. The Board is remanding the case to provide proper notice and evaluate eligibility under the correct statutory criteria.

The Veteran's unauthorized non-VA medical treatment for a VAD insertion due to prostate cancer was denied as it did not meet the criteria for emergency treatment and there were no VA facilities feasibly available.

The Board has remanded the claims of service connection for hernia and stomach disabilities due to a failure to provide proper notice regarding the Veteran's right to a hearing before the RO.

The Board has determined that a remand is necessary to obtain updated VA examination reports for the Veteran's bilateral hip disabilities, as the previous examinations did not adequately address the severity of the Veteran's symptoms during flare-ups and repetitive use.

The Veteran's claim for service connection for adjustment disorder with depressed mood, recharacterized as an acquired psychiatric disorder is granted. The claims for service connection for restless leg syndrome of the right and left lower extremities are remanded.

The Board denied accrued benefits due and payable to the Veteran's surviving adult child, as there was no legal basis for granting this appeal. The appellant did not meet the criteria for receiving such benefits.

The Veteran's daughter, the Appellant, attempted to file a claim for accrued benefits due to her father's death. However, the Board found that there was no pending claim or appeal at the time of the Veteran's death, and thus denied the accrued benefits claim.

The Board dismissed the appeal as the claim was resolved in favor of the Veteran through administrative action, and he is now receiving the benefit sought.

The appeal has been resolved in full by administrative action and is dismissed.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA compensation benefits in the amount of $3,149.82 due to fault on the part of the Veteran and no indication of undue hardship or unjust enrichment.

The Board has decided to remand the case due to a potential invalid overpayment and will require further review by the AOJ.

The Board has remanded the case due to an error in satisfying a regulatory or statutory duty related to the PACT Act. The Veteran's prostate disorder, including benign prostate hypertrophy, needs to be evaluated for potential connection to his active service and toxic exposure risk activities.

The Board has determined that the Veteran's non-Hodgkin's lymphoma did not begin during service, is not related to in-service asbestos exposure or chemical exposure, and therefore does not meet the criteria for service connection.

The Board has granted the Veteran's request for a waiver of overpayment in the amount of $10,241.00 due to retroactive termination of non-service-connected pension benefits.

The Veteran's request for an extension of her delimiting date for Chapter 30 educational assistance benefits beyond January 22, 2022 is denied. The Board found that the evidence did not clearly establish that she was prevented from initiating or completing a program of education due to a physical or mental disability.