Other conditions decisions — 2024

The Board has determined that the Veteran's eligibility for MGIB-SR education benefits terminated when he separated from the Selected Reserve in December 2020. The appeal is remanded to determine if the Veteran had any reenlistment periods during his service and whether this would affect his eligibility for both Chapter 30 and Chapter 33 educational assistance benefits.

The Board has decided to remand the claim for service connection for a breathing impairment due to a lack of development prior to the issuance of the decision on appeal.

The Board has determined that the previous denial of service connection for a deviated septum was due to a duty to assist error and remands the case for further development.

The Veteran is seeking to have a previous rating decision that awarded a 10 percent rating for gunshot wound residuals, left thigh muscles revised due to claimed CUE. The AOJ must adjudicate this specific theory of CUE.

The appeal is dismissed because the medical services provided by the Appellant on May 8, 2020, were pursuant to a Veterans Care Agreement (VCA) and governed by statutory and contractual authority that does not allow for Board review.

The Board has found that the Veteran's requests for waivers of overpayment were timely filed. The appeal is granted as to these issues.

The Veteran is only entitled to additional compensation for his stepchild, D., as a school-age dependent who was 18 years old beginning the date the RO received evidence that D. was eligible. The effective date of the award is June 25, 2021. However, on July 27, 2021, D. was no longer eligible due to his expected graduation from high school.

The Veteran's appeal for VR&E services was dismissed because the decision was issued during an ongoing Legacy appeal and not under the modernized review system (AMA).

The Veteran's appeal was dismissed due to their death during the pendency of the appeal. The case will not be reconsidered as a result.

The Veteran's appeal for TDIU has been dismissed as he withdrew the appeal through his authorized representative.

The Board has remanded the case due to duty-to-assist errors and the need for additional development regarding the Veteran's exposure to toxic substances during service, as well as his cause of death.

The Board dismissed the appeal as the VA had administratively approved the claim for payment of non-VA medical services provided by XRA Medical Imaging, Inc., on November 6, 2019.

The Veteran's service-connected inguinal hernia repair is rated at a 10 percent disability level, effective from the date of this decision. The claim for ingrown hairs as a residual of the inguinal hernia repair is also granted.

The Veteran's spouse, S., was removed from his VA disability compensation award due to a divorce. The Board finds an error in the AOJ not verifying the status of their marriage and remands for further action.

The Board denied service connection for benign prostatic hyperplasia (BPH) as there is no evidence that the condition began during active service or is related to an in-service injury, event, or disease. The Veteran's BPH was not found to be linked to his military service, including exposure to Agent Orange.

The Veteran's appeal for a compensable rating for hemicrania continua is being remanded due to pre-decisional duty to assist errors. Additionally, the need for treatment records related to Bell's Palsy and residuals is noted.

The Veteran's claim for an earlier effective date for pension benefits with aid and attendance was denied as there was no evidence of a prior intent to file the claim before May 23, 2022.

The Veteran's claim for service connection for a temporomandibular joint disorder (TMJ), originally claimed as a dental condition to include bruxism and jaw pain, was granted with an effective date of March 23, 2022. The decision is based on the merits of her case.

The Veteran's request for a waiver of recovery of an overpayment of VA pension benefits was deemed timely filed. However, the appeal is remanded to consider the merits of his claim on financial hardship and other arguments.

The Board has determined that a notification letter was not provided to the Veteran and his caregiver regarding their eligibility for VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) benefits. The decision is being remanded to ensure proper notice is given.