Other conditions decisions — 2024

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse due to the fact that the Veteran and the appellant were divorced at the time of his death, which is not sufficient to recognize her as a surviving spouse under VA regulations.

The Veteran's non-VA air ambulance transportation on January 24, 2019 was approved and paid by VA. The appeal is dismissed as moot since the claim has been resolved.

Your appeal has been dismissed because the VA approved your claim for payment of medical services provided in January 2020.

The appeal concerning the cost of non-VA emergency medical services provided on October 27, 2020, has been dismissed as the claim was administratively approved.

The Board has dismissed the appeal for entitlement to a higher payment rate for home health services provided by the appellant from March 3, 2020, to March 30, 2020, as this matter is governed by statutory and contractual authority that does not allow for review by the Board.

The Veteran's cause of death, acute myeloid leukemia with underlying CMML 2 and pancytopenia due to leukemia, is considered a B cell leukemia and therefore included as a presumptive disability due to herbicide agent exposure. The Board found that the Veteran's death was caused by exposure to herbicide agents during his active-duty service.

The Board denied the Veteran's request for an earlier effective date of December 23, 2019, for his award of total disability based on individual unemployability (TDIU). The decision found that the earliest date entitlement arose was December 23, 2019.

The Board has dismissed the appeal for entitlement to a higher payment rate for home health services provided by the appellant from February 1, 2020, to February 28, 2020, as this matter is governed by statutory and contractual authority that does not allow for review by the Board.

The Board has dismissed the appeal for entitlement to a higher payment rate for home health services provided by the appellant from March 3, 2020, to March 30, 2020, as it is governed by statutory and contractual authority that does not allow for review by the Board.

The Veteran's TDIU claim is being remanded due to a duty to assist error and the need for additional information about his past employment history. The AOJ will also consider the impact of his service-connected disabilities on his ability to work, including any new disability granted in a subsequent rating decision.

The appeal for payment or reimbursement of ambulance transportation provided to the Veteran by the appellant on December 10, 2018 is dismissed as the claim was approved and there is no longer a case or controversy.

The appeal regarding the reduction of disability rating for right heel fracture residuals from 20 percent to 10 percent, effective October 1, 2021, has been dismissed due to the Veteran's death.

The Veteran's claim for service connection for hyperlipidemia is denied as it does not meet the criteria for a disability subject to VA compensation benefits. The Board also found that the Veteran did not qualify for specially adapted housing or special home adaptation grants.

The Veteran's earlier effective date for a 20% rating for left ulnar neuritis is granted.,The Veteran's earlier effective date for service connection at a 20% rating for left biceps limitation of pronation is granted.,The Veteran's earlier effective date for service connection at a noncompensable rating for left biceps limitation of extension is granted.

The Board has determined that the Veteran's pancreatic cancer was caused by exposure to contaminated water at Camp Lejeune during active duty service, and therefore grants service connection for this condition.

Your DIC claim has been granted and effective since June 1, 2022. The cause of your spouse's death is now service-connected. However, as no further benefits are available due to the grant of the original claim, the appeal for DIC is dismissed.

The Veteran's request for a waiver of an overpayment of VA pension benefits was denied because the appeal was not timely filed.

The Board denied the appeal because the Veteran's July 27, 2020, Form 9 appeal to the Board was not timely filed in response to the September 6, 2016, Statement of the Case (SOC).

The Board has dismissed the issues regarding whether the contractual payment rates for home health services provided by the appellant from January 14 to January 30, 2020, and February 3 to 27, 2020, are proper. The appeal is based on a Veterans Care Agreement (VCA) dispute that does not allow for review by the Board.

The Board denied the Veteran's claim for revision of a January 1980 rating decision that denied service connection for a herniated disc on the basis of clear and unmistakable error (CUE) because the correct facts were before the adjudicator and the applicable law was correctly applied.