Other conditions decisions — 2024

The Veteran requested to withdraw his appeal regarding the waiver of overpayment of VA nonservice-connected pension benefits. The Board dismissed the appeal as a result.

The Board has dismissed the appeal regarding a contractual payment rate for medical services provided under a Veterans Care Agreement, as the dispute resolution process established by law does not allow for further review by the Board.

The appeal concerning the award of education benefits for enrollment at Texas A&M University from January 19, 2021, to May 7, 2021, under Chapter 33, Title 38, United States Code is dismissed as the Veteran was already granted these benefits in July 2021.

The Board has determined that the removal of A.M. from her mother's disability compensation award, effective February [REDACTED], 2020 (A.M.'s 18th birthday), based on A.M.'s receipt of Dependents' Education Assistance (DEA) benefits under 38 U.S.C. Chapter 35, was proper and the appeal is denied.

The Board has remanded the case due to incomplete service and VA records, as well as a need for further verification of the Veteran's National Guard service. The claim will be reconsidered with these additional records.

The Board has determined that there was a duty-to-assist error prior to the decision on appeal and requires an adequate medical decision regarding eligibility for PCAFC benefits. The case is being remanded for this purpose.

The Board has granted the claims for payment of non-VA medical care provided by Aegis Sciences Corporation on November 19, 2020, October 29, 2020, November 25, 2020, and November 12, 2020.

The Veteran requested to withdraw his appeal for an increased rating in excess of 60 percent for chronic pancreatitis with pseudo cyst. The Board has dismissed the appeal as withdrawn.

The Board found that the appellant's character of discharge from service constitutes a bar to VA benefits due to willful and persistent misconduct, resulting in an 'Other Than Honorable' discharge. The appeal is denied.

The Veteran's appeal for a waiver of recovery of an overpayment in the amount of $93,496.00 of service-connected pension benefits has been dismissed due to his death during the pendency of the appeal.

The Veteran's appeal of the denial of an apportionment of his VA disability compensation benefits withheld during his incarceration is dismissed because he does not have standing to appeal and the application was filed by his son, who did not submit a valid notice of disagreement within the required timeframe.

The Board has granted the Veteran's claim for payment of $125.00 for medical expenses associated with COVID-19 testing by Aegis Sciences Corporation on January 28, 2021, as it found that a prudent layperson would have reasonably expected delay in seeking emergency treatment to be hazardous to life or health during the pandemic.

The Veteran's TMD and bruxism are rated at 20 percent since January 29, 2019. The appeal for a higher rating is denied, but an earlier effective date of January 29, 2019, is granted.

The Veteran's psychiatric disability is rated at 70 percent, but the Board finds no evidence of total occupational and social impairment required for a higher rating.

The Board has dismissed the appeal as the appellant already had a pending appeal for this issue, and the April 2024 decision letter was invalid.

The Board has determined that the Veteran's adjustment disorder is caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.

The appeal is dismissed because the appellant's claim for payment of non-VA dental services provided by a VA-approved network provider does not allow for Board review.

The appeal for payment or reimbursement of non-VA medical services provided on February 18, 2021 is dismissed as a duplicate appeal.

The Board dismissed the appeal regarding payment for medical services provided by a non-VA healthcare provider under the Veterans Community Care Program (VCCP) because the VCCP's billing process and rates of payment are governed by statutory and contractual authority that does not allow for appellate review.

The appeal is dismissed because the payment for non-VA medical services provided on February 18, 2021 is governed by statutory and contractual authority that does not allow for review by the Board.