Other conditions decisions — 2024

The Veteran transferred education benefits under Chapter 33 (Post-9/11 GI Bill) to his daughter, who is the appellant. The appellant's application for use of these transferred benefits was received after she turned 26 years old, which ended her eligibility under the law. Therefore, the appeal is denied.

The Board has remanded the case due to a failure to obtain VA treatment records from 1999-2013, including those from the Oakland VAMC. The appellant must provide these records for further review.

The appeal of the issue regarding payment or reimbursement for non-VA medical services provided on April 20, 2020, has been dismissed as the benefit sought has already been granted.

The Veteran's appeal for a waiver of the recoupment of an overpayment debt has been withdrawn, and thus the case is dismissed.

The Veteran's appeal for a waiver of overpayment in the amount of $8,681.51 has been dismissed due to his death.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed as the Veteran withdrew his appeal prior to any decision being made.

The Veteran's claim for additional dependency benefits based on his daughter's school attendance after May 1, 2006 is denied as the application was not timely filed within one year of her 18th birthday.

The Board dismissed the issue of the timeliness of the VA Form 9 received by the VA on June 8, 2018 because it was previously adjudicated and is no longer in controversy.

The Board has granted service connection for loss of use of the bilateral lower extremities and awarded SMC at the R-1 level based on need for regular aid and attendance. The Veteran's combined rating is now 100 percent, which includes his already existing SMC-L.

The Board has decided to remand the case for further action, including determining who is responsible for the overpayment debt and providing them with an opportunity to respond. The debtor(s) will also be given a chance to seek a waiver of their overpayment debt.

The Board dismissed the appeal regarding whether the payment rate for home health services provided by the appellant from February 3, 2020, through February 29, 2020, was proper due to a specific administrative dispute resolution process that does not allow for appellate review.

The Board has dismissed the appeal regarding the contractual payment rate for medical services provided by the appellant from January 3, 2020 to January 31, 2020 due to a specific administrative dispute resolution process that does not allow for appellate review.

The Board denied the Veteran's claim for service connection for bruxism as there is no current diagnosis of this condition, and the evidence does not support a finding that he had a disability at any time during his appeal.

The Board has granted service connection for the Veteran's exercise-induced anaphylaxis, finding that it was incurred during her inactive duty training in September 2011.

The Veteran's multiple myeloma, which has manifested to a compensable degree, is presumed to be related to his exposure to herbicide agents during service. The Board granted service connection for this condition.

The appeal concerning the request for a waiver of debt has been dismissed due to the Veteran's death.

The Board has dismissed the appeal as there is no administrative review process for disputes related to contractual payment rates under Veterans Care Agreements (VCAs).

The Veteran's claims for higher ratings and secondary service connection were remanded due to insufficient evidence or procedural issues.

The Veteran's claim for retroactive VR&E benefits to cover education expenses incurred while pursuing an MFA degree at Columbia University is granted. The Board finds that the criteria for retroactive induction into a program of vocational rehabilitation are met, as all seven conditions set forth in the regulation have been satisfied.

The appeal for specially adapted housing was dismissed due to the Veteran's death. The Board has no jurisdiction to adjudicate the merits of this appeal at this time.