Other conditions decisions — 2024

The Board has determined that there is no justiciable case or controversy regarding whether the Veteran is competent to manage VA benefits, and thus dismissed the appeal.

The Board has denied the Veteran's claims for service connection for cardio arteriosclerosis disease (CAD) and rectal drainage, finding that there is no evidence to support a relationship between these conditions and his military service.

The Veteran and Appellant are divorced, with the Four Children living with Appellant. The Veteran has been ordered to pay $2,387 per month in child support by a Texas court order. However, the AOJ found that the Veteran's payments were insufficient and denied the apportionment request on grounds of undue hardship. The Board finds this error and orders remand for further action.

The Board has determined that the Veteran's hysterectomy with removal of the right ovary and residual abdominal scarring is related to her service-connected menorrhagia with irregular menstrual cycles, warranting secondary service connection.

The Veteran's surviving spouse did not have any claims pending before VA at the time of her passing, and thus there were no accrued benefits due to be paid. The appellant's claim for accrued benefits was denied as she did not submit a completed application prior to her mother's death.

The Veteran's request for an extension of the period to file a Notice of Disagreement as to previous decisions regarding left hip disorder was denied, and the appeal as to this issue is dismissed.

The Veteran's daughter, V. F.-C., is over the age of 18 and not attending school as of June 27, 2013. The Board finds remand necessary to obtain information from the Veteran regarding his daughter's educational institution and dates of attendance for purposes of dependency benefits.

The Board found that the care provided by The Healing Hands Clinic on April 24, 2017, April 28, 2017, and October 2, 2017 was authorized by VA and granted payment or reimbursement for these expenses.

The Veteran's overpayment debt of $21,106.77 was denied because the Board found that recovery would not be against equity and good conscience due to fault on both the Veteran and VA sides, and undue hardship for the Veteran.

The Board denied the Veteran's request for higher-level review because it was not filed within one year of the May 2019 decision regarding his dependents, which is a requirement under VA regulations.

The Veteran withdrew his appeal before the Board could make a decision.

The Board denied service connection for disabilities affecting the right and left toes, finding no current diagnosis of such conditions during the relevant evidentiary window.

The Board denied the Veteran's claims for effective dates prior to February 1, 2021 and August 1, 2020 for additional dependency compensation for his children A.S.C. and A.E.C., respectively, based on school attendance.

The Board has remanded the claims for left index finger, little finger, and ring finger disabilities due to an inadequate September 2017 VA examination. The Veteran needs a clarification on whether pain affects his ability to close his hand with normal excursion, strength, speed, coordination, and endurance.

The Board dismissed the appeal as the Veteran withdrew it before a decision was made.

The Veteran's endometriosis and subsequent hysterectomy are rated, with a 100% rating for the period from August 18, 2020 to November 30, 2020, and a 30% rating thereafter. The Veteran is also granted SMC based on loss of use of a creative organ.

The Board has remanded the cases for further development and examination regarding service connection for left eye condition and breast cancer. The Veteran's left eye condition is related to an insect bite during service, but the VA examiner found this insufficient. For her breast cancer, the Board requested additional information on exposure to toxins at military bases.

The Veteran has withdrawn his appeal for service connection of residuals of heat exposure. The Board dismissed the appeal as a result.

The Veteran's spouse was reinstated to his compensation award, removing the overpayment and debt of $13,610.49.

The Veteran's HIV is currently rated at 30 percent, and the Board finds that an effective date of January 3, 2013 for the grant of service connection for HIV is warranted. The Veteran also contends for a higher initial rating for his HIV, but the current rating criteria do not support such a finding.