Other conditions decisions — 2024

The appeal is dismissed as the AOJ administratively approved entitlement to payment of non-VA medical services provided on December 6, 2019.

The appeal is denied as the Veteran died prior to eligibility for PCAFC benefits and the application requirements were not met.

The Board has determined that the March 2021 decision denying eligibility for PCAFC benefits is legally inadequate and requires remand to obtain a new medical determination considering all medical information of record.

The Veteran's claims for service connection for left and right hand tremors are being remanded due to a duty-to-assist error. The AOJ is required to arrange for the Veteran to undergo necessary diagnostic testing, including invasive testing that was not performed in this case. New opinions will be obtained regarding the nature and etiology of the Veteran's hand tremors.

The Board has decided to remand the case due to a failure to verify whether the Veteran and the appellant were cohabitating when the appellant filed her claim in December 2020.

The Board has determined that the February 2024 decision denying eligibility for PCAFC benefits is legally inadequate and remands the case to allow for a new medical determination considering all medical information of record.

The Veteran's request for a waiver of the recovery of an overpayment of VA pension benefits in the amount of $116,263.00 was timely filed and granted.

The Veteran's claim for an extension of his Post-9/11 GI Bill (Chapter 33) education benefits delimiting date beyond January 13, 2019 was denied as none of the limited circumstances allowing for such an extension are applicable in this case.

The Veteran's initial evaluations for bilateral chronic dry eye with left eye epiphora and dental disability were dismissed. The Veteran's carotid artery occlusion received an initial 10 percent rating, while his epistaxis was denied a compensable evaluation.,The Veteran's carotid artery occlusion is rated based on its anatomical location and symptoms, not related to service connection.

The Board has determined that the Veteran is not competent to handle his own financial affairs and thus, a fiduciary was properly appointed. The appeal for competency determination and appointment of a fiduciary is denied.

The Veteran's child, the Appellant, applied for Chapter 35 educational assistance benefits in June 2019. The VA found that basic eligibility was established from November 1, 2018, when the Veteran became permanently and totally disabled. However, due to a failure to elect a start date within 60 days of being notified by VA, the effective start date for the Appellant's benefits is April 12, 2019.

The Board has granted the appellant's appeal as to the timeliness of her untimely Notice of Disagreement (NOD) regarding the February 2019 rating decision, finding good cause for the delay.

The Veteran's cause of death, sepsis, is not related to his military service and therefore service connection for the cause of death is denied.

The Board has determined that there was a pre-decisional duty to assist error and the issue must be remanded for an audit of the Veteran's VA compensation account for FY 2020, including verification of drill days and pay.

The Veteran's February 2022 Notice of Disagreement (NOD) was accepted as timely due to the widespread problems in the delivery of VA documents and irregular mailing practices by VA, which allowed for an extension of the deadline.

The Board has decided to review the case due to a discrepancy in the number of training days reported by the Veteran. They need to verify this information from military records.

The appeal is dismissed because the claim for payment of non-VA medical services provided to the Veteran on August 13, 2020, was not adjudicated by VA and should be submitted to the Third Party Administrator.

The Veteran's application for PCAFC benefits was denied due to the evidence not supporting a finding that he needed continuous personal care services. The Board is remanding the case to provide proper notice and evaluate eligibility under the correct statutory criteria.

The Veteran's appeal for payment or reimbursement of non-VA medical services provided during a specific period has been dismissed due to the death of the Veteran.

The Veteran's appeal for a temporary total evaluation based on need for convalescence of a service-connected disability was dismissed because the RO had already granted such benefits in an earlier decision.