Other conditions decisions — 2024

The Board has granted an earlier effective date of May 18, 2019 for the award of a 100 percent disability rating for the Veteran's service-connected other specified trauma and stressor related disorder with opioid use disorder.,Additionally, the Board has also granted an earlier effective date of May 18, 2019 for the Veteran's basic eligibility to Dependents' Educational Assistance (DEA) benefits pursuant to 38 U.S.C. Chapter 35.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred on March 9, 2020 was denied because the claim was filed more than 90 days after discharge from the private facility. The appellant did not meet the eligibility requirements under VA regulations.

The Veteran's claim for reimbursement of non-VA medical services was remanded due to incomplete development and lack of proper notice under the modernized appeal system.

The appeal is dismissed because the Veteran received care through the Veterans Community Care Program by an authorized in-network provider, and the billing process for these services is governed by statutory and contractual authority that does not allow for review by the Board.

The Board has granted the Veteran's claim for service connection for a thoracic spine disability, finding that her current condition is at least as likely as not related to an in-service injury.

The Veteran's eligibility for PCAFC is being remanded due to the need for a medical opinion regarding his need for personal care services.

The Veteran's initial compensable ratings for left foot and right foot hallux valgus are being remanded due to the failure to provide a VA examination since his last one in January 2016, which could have provided updated evidence of severity.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred on March 9, 2020 was denied because the claim was filed more than 90 days after discharge from the private facility. The appellant did not meet the eligibility requirements under VA regulations.

The Board has decided to remand the case due to a lack of an etiological opinion in the VA examination, and thus the claim for service connection for foot drop is being returned to the AOJ for further action.

The Board denied the Veteran's request for payment of tuition and fees under Chapter 33 (Post-9/11 GI Bill) in excess of $23,671.94 for the period from August 1, 2018, to July 31, 2019, finding that the law does not permit the relief requested due to a combination of factors leading the Veteran to erroneously believe his academic year had been altered.

The Board has decided to remand the case due to incomplete development and lack of compliance with regulations for payment or reimbursement of unauthorized ambulance transport provided by a non-VA company.

The Veteran had pending appeals before the Board at the time of his death, and the AOJ failed to address the appellant's statement which implicated consideration of 38 C.F.R. § 3.250(b). The claim is remanded for further development.

The Board denied the Veteran's claim for additional compensation benefits based on his mother being a dependent parent due to insufficient income, as her expenses exceeded her monthly income of $746.43.

The Board has granted service connection for the Veteran's acquired psychiatric condition, specifically Unspecified Trauma- and Stressor-Related Disorder (UTSRD), finding that it is related to his active duty service.

The Board found clear and unmistakable error in the original grant of service connection for supraventricular arrhythmias with atypical chest pain, leading to its severance. The appeal is denied.

The Veteran's cause of death, glioblastoma, is related to his exposure to herbicide agents during service. Service connection for the cause of the Veteran's death is granted.

The Board has identified errors in the duty to assist and has ordered further development for pension benefits, household expense information, and DIC claims. The claim for DIC will be remanded to develop personnel records and other necessary evidence.

The Board has determined that the Veteran's right side cerebrovascular accident (stroke) may be related to his service, specifically his exposure to herbicide agents in Korea. However, the VA examiner's opinion is inadequate due to reliance on unremarkable STRs and a lack of discussion regarding herbicide agent exposure. The case is being remanded for an addendum opinion from another VA examiner.

The Veteran's claim for VA home loan guaranty benefits was denied because he did not meet the minimum service duration requirements, and his discharge was not due to a service-connected disability.

The Board denied the Veteran's claims for compensable disability ratings for left and right shin splints, finding that there was no evidence of malunion of the tibia and fibula with slight knee or ankle disability.