Other conditions decisions — 2024

The Veteran's claim for NSC pension benefits was denied due to his incarceration during the appeal process.

The Veteran requested her appeal be withdrawn with respect to the issues of earlier effective dates for dependency benefits for her children, spouse, and former spouse. The Board dismissed the appeal as a result.

The Board has dismissed the appeal as there is no longer a case or controversy for decision due to VHA overturning its initial denial and approving the non-VA medical care provided by ASC on September 26, 2020.

The Board has determined that new evidence received after the final January 2010 rating decision is relevant to the claim of service connection for bilateral hip degenerative joint disease. The issue is remanded due to a lack of an examination and medical opinion regarding the etiology of the Veteran's condition.

The Board denied service connection for a substance abuse disorder as it is not related to the Veteran's military service and there was no secondary service connection due to a pre-existing disability.

The Veteran's appeal is about the number of drill days he had in FY 2018. The VA reduced his compensation payments for 85 days of drill pay during that year, but the Veteran contends he only drilled for 6 days and was overcharged.

The Veteran's right upper extremity weakness status post cerebrovascular accident is granted a disability evaluation of 40 percent, effective from March 7, 2011. The issue of increasing the evaluation for right knee instability has been withdrawn.

The appeal has been dismissed as the AOJ administratively approved the claim for payment of non-VA medical services provided on July 8, 2020.

The Board denied service connection for HIV, finding that the evidence did not persuasively show a relationship between the Veteran's current HIV and his military service.

The Board has determined that the appointment of SETHRA as the fiduciary to manage the Veteran's VA benefits was a pre-decisional error and remanded for further development.

The Board has determined that additional development is necessary to correct pre-decisional duty to assist errors and remand the case for further action.

The Veteran's claim for lodging reimbursement associated with a medical appointment on October 4, 2021 at the Mayo Clinic in Rochester, Minnesota is granted. The Board found that pre-approval was obtained and all other instances of similar travel were approved.

The Board has remanded the claims for service connection for pancreatic cancer and liver cancer due to a lack of VA examination before the Veteran's death. The claim will be reconsidered with consideration of exposure to Agent Orange in Vietnam.

The Board has remanded the case due to a pre-decisional duty to assist error, specifically regarding whether the in-service bone graft constituted loss of substance of the body of the maxilla or mandible due to trauma or disease.

The appeal for payment or reimbursement of non-VA medical services provided on October 21, 2020 is dismissed as moot.,The appeal for payment or reimbursement of non-VA medical services provided on November 10, 2020 is dismissed as moot.

The Veteran's effective date for Dependents' Educational Assistance (DEA) benefits is tied to his effective date of Total Disability based on Individual Unemployability (TDIU). Since the TDIU was awarded on June 12, 2018, DEA cannot be granted prior to that date.

The Board denied the Veteran's request to transfer his Chapter 33 (Post-9/11 GI Bill) education benefits to his family members because the United States Air Force had not approved the transfer. The decision is based on the service department's authority and the lack of evidence indicating approval.

The Veteran's appeal is remanded due to its inextricability with other pending appeals, and the AOJ should adjudicate his claim for service connection for residuals of mefloquine treatment including hypertrophic gastritis after completing development from prior Board remands.

The appeal for TDIU benefits has been dismissed due to the appellant's death.

The Board denied the Veteran's appeal as the withholding of VA disability compensation for 31 days of drill pay in FY 2015 was proper based on the DMDC records indicating she received the pay.