Other conditions decisions — 2024

The Board dismissed the appeal as to whether there was clear and unmistakable error (CUE) in a May 13, 1976 rating decision that reduced from 20 to 10 percent the rating for service-connected residuals of a left humerus fracture.

The Veteran is seeking additional retroactive VA disability compensation benefits due to receipt of Concurrent Retired and Disability Pay (CRDP). The Board has determined that there are missing records necessary for a complete adjudication, including a paid and due audit detailing the amounts owed and already paid. The case is being remanded to obtain these records.

The Veteran's appeal is being remanded due to the need for a retrospective opinion on her service-connected eye disabilities, including their impact on visual impairment and incapacitating episodes over time.

The Veteran's spouse was granted burial benefits as the representative of his estate, despite being divorced at the time of death.

The Veteran's overpayment of VA compensation benefits was remanded due to a pre-decisional duty to assist error. The Veteran should be informed of his debt and options for disputing it, including the right to request a waiver of recovery within 180 days.

The Board dismissed the appeal for DIC, accrued, and survivor's pension benefits as it was a duplicate of another case.

The Board has dismissed the appeal for entitlement to special monthly compensation (SMC) based on aid and attendance as the appellant requested withdrawal of the appeal.

The Veteran's appeal for an extension of his educational assistance benefits expired date was denied as he did not request the extension within one year after the original delimiting date or after recuperating from disability.

The Board has decided that the Veteran is not entitled to nonservice-connected pension or special monthly pension at the housebound rate, and has remanded for a determination on whether she needs regular aid and attendance.

The Veteran's prostatitis was granted service connection as it is considered to have been incurred in service, with the onset of symptoms during his military service.

The Board has remanded the case due to a potential pre-decisional error in obtaining information from the Veteran's other health insurance provider regarding payment or reimbursement for non-VA emergency services provided on March 16, 2020.

The appeal to terminate pension benefits, effective January 1, 2018, is dismissed due to the Veteran's death.

The Veteran's drill pay for FY 2020 was adjusted, and he disputes the number of days. The Board is remanding to clarify the number of training days performed by the Veteran in FY 2020.

The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance of another person due to service-connected Systemic Lupus Erythematosus and Sjögren's Syndrome.

The appeal for a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) is dismissed because the Veteran died during the pendency of this appeal.

The Board has granted readjudication of the Veteran's claim for service connection for bilateral shin tendonitis, claimed as shin splints. However, due to a new theory of entitlement (aggravation in service), the case is remanded to consider this issue.

The appeal seeking an effective date for the grant of entitlement to a total disability rating based on individual unemployability (TDIU) prior to October 17, 2012 is dismissed as it was merely implementing a previous Board decision.

The Board has decided to remand the claims of service connection for left shin splints, right shin splints, a toe disability (hallux valgus on both feet), and poor sphincter control due to an error in providing VA opinions that did not address whether these conditions were aggravated by service-connected disabilities.

The Veteran's eligibility period for Post-9/11 GI Bill educational assistance benefits expired on June 23, 2021. The Board denied the extension of this period as no applicable exceptions to the 15-year delimiting date were found.

The appeal is dismissed as the claim for payment of non-VA emergency medical services provided on March 28, 2017, has been resolved in favor of the appellant by administrative action.