Other conditions decisions — 2024

The Veteran's breast cancer worsened from Stage III to Stage IV, and the Board is remanding the case for a VA examination to determine if VA medical care or treatment was the cause of this worsening.

The Board dismissed the appeal regarding the propriety of the contractual payment rate for medical services provided by the appellant between March 2, 2020 and March 31, 2020. The dispute is governed by statutory and contractual authority that does not allow for Board review.

The Board has decided to remand the Veteran's claims for service connection of bilateral lower extremity conditions due to a lack of a VA examination and because the nature and etiology of his condition need to be determined.

The Board has granted an apportionment of the Veteran's VA compensation benefits to his former spouse (the appellant) for the period from March 23, 2020 to May 12, 2020. The amount is equivalent to the additional dependency allowance the veteran received on behalf of his dependent spouse.

The Board found that the reduction in VA disability compensation benefits due to concurrent receipt of military service drill pay for FY 2012, 2013 and 2014 was proper. The appeal is denied.

The Veteran's appeal for educational assistance benefits under Chapter 30 (Montgomery GI Bill) was dismissed because it constituted an impermissible concurrent election with his pending request for Higher-Level Review.

The Board has dismissed the appeal as it pertains to a payment dispute under a Veterans Care Agreement (VCA) and does not involve service connection for any condition.

The Board dismissed the appeal because the payment rate for home health services provided by the appellant from April 1, 2020, through April 30, 2020, was determined to be proper based on a Veterans Care Agreement (VCA). The dispute is not subject to further review as it falls under exclusive administrative remedies.

The Board has remanded the claim of service connection for TMJ due to insufficient medical opinion regarding a nexus between current TMJ and in-service injury, event, or disease.

The Board has determined that the previous decisions denying eligibility for the VA Program of Comprehensive Assistance for Family Caregivers are legally inadequate and requires a more detailed medical opinion to support the decision.

The Board has granted service connection for the Veteran's other specified trauma and stressor disorder, finding that it is due to his active service during his deployment in Southwest Asia.

The Veteran's surviving spouse, the Appellant, is ineligible for DIC as she was married to another person at the time of the Veteran's death.

The Board has determined that the decision regarding eligibility for benefits under the Department of Veterans Affairs (VA) Program of Comprehensive Assistance for Family Caregivers (PCAFC) is legally inadequate and requires further review with a more detailed medical opinion.

The Board has remanded the Veteran's claims for bilateral hip conditions due to a pre-decisional duty to assist error, specifically regarding the September 2020 VA examination. The examiner must provide an addendum opinion addressing whether her bilateral hip conditions are related to her active service.

The Veteran's eligibility for PCAFC benefits was denied due to his service prior to September 11, 2001. The Board has determined that the VA MISSION Act of 2018 expanded eligibility to include veterans from all service eras and the Veteran had active service which makes him eligible for consideration of PCAFC. The decision is remanded as there was a pre-decisional error in not continuing the application process and conducting necessary assessments.

The Board has dismissed the appeal regarding the propriety of the contractual payment rate for medical services provided by the appellant to a veteran between January 2, 2020 and January 31, 2020 under a Veterans Care Agreement (VCA).

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 Board has decided to remand the case due to insufficient evidence regarding the Veteran's service connection for a sinus condition, specifically related to his MOS as a turret mechanic and potential exposure to chemicals during military service.

The Veteran's appeal for debt waiver of an overpayment of pension benefits was dismissed due to the death of the Veteran during the pendency of the appeal.

The Veteran's appeal for a total disability rating based on individual unemployability prior to April 28, 2021 is dismissed due to his death during the pendency of the appeal.