Other conditions decisions — 2024

The Board dismissed the appeal as it does not have jurisdiction to review this matter, which concerns a VA decision on whether to authorize payment for non-VA medical services under the VCCP.

The Board denied an earlier effective date for the grant of service connection for insomnia disorder, finding that the claim was filed after the date entitlement arose.

The Board denied the appeals for payment of non-VA medical expenses incurred on March 5 and March 11, 2021 due to a lack of VA authorization.

The appeal was dismissed because the appellant requested to withdraw their appeal before a decision could be made.

The Veteran's appeal for an earlier effective date for special monthly pension based on the need for aid and attendance was dismissed as his benefits were already granted in a previous decision.

The Board has decided to remand the case due to a pre-decisional duty to assist error, and the AOJ must formally adjudicate whether the overpayment was properly created and is valid. The Veteran's challenge to the effective date of adding his current wife to his award and suggesting VA knew of his former wife's death are part of this process.

The Board found that the overpayment debt created due to the retroactive removal of a dependent spouse was proper, and thus denied the Veteran's appeal.

The Veteran's appeal was dismissed because the appellant requested to withdraw their appeal before a decision could be made.

The Board granted an effective date of February 1, 2020 for DIC benefits based on the Veteran's death in February 2020. The appellant submitted a VA Form 21P-0847 in March 2020 which was interpreted as a claim for DIC benefits.

The Veteran's claim for service connection for periodontal disease and chronic periodontal disease (claimed as bone loss) for Class IV dental treatment purposes is granted, subject to the laws and regulations governing Department of Veterans Affairs benefits.

The Board has decided to remand the claims for eligibility for specially adapted housing and entitlement to special monthly compensation based on aid and attendance/housebound status due to inconsistencies in VA treatment records regarding the Veteran's ability to perform activities of daily living (ADLs) and ambulate independently. A new VA examination is required to determine if the Veteran's service-connected disabilities cause loss of use of both lower or upper extremities, whether he can attend to his basic needs, and if he is permanently housebound.

The Board has decided that the Veteran's claim for service connection for aortic aneurysm is remanded due to the PACT Act, which requires a VA TERA examination and opinion.

The Board has granted service connection for the cause of the Veteran's death due to high-grade spindle cell sarcoma, which is presumed to be associated with exposure to herbicide agents (Agent Orange) during his active duty in Vietnam.

The Board has determined that the May 2021 VA examination is inadequate and requires a new examination to assess the severity of the Veteran's right hip strain with avascular necrosis, including during flare-ups and with repeated use over time.

The Board has determined that the decision denying payment of non-VA care provided by Bear Valley Community Hospital on June 20, 2020 was not adequately supported and must be remanded for further action.

The Veteran's death from myocardial infarction is granted as service connection for the cause of death pursuant to the PACT Act, due to exposure at Ubon Airfield in Thailand.

The appeal to terminate the Veteran's nonservice-connected pension benefits is dismissed due to the Veteran's withdrawal of the appeal prior to the Board's decision.

The Board has dismissed the appeal as the claim for payment or reimbursement of non-VA medical services provided by Chanjinel Home Care Service from October 1, 2019, to October 29, 2019, was administratively approved.

The Veteran's death was not recognized as a surviving spouse for VA benefits due to the lack of legal recognition of their common-law marriage in Wisconsin, despite living together for over two decades. The appellant is therefore denied eligibility for VA survivor's benefits.

The Board has remanded the case due to a duty to assist error, and will consider whether in-service exposure to aircraft fuels was a substantial or contributing factor in the Veteran's death.