Other conditions decisions — 2024

The Board has decided to remand the case due to inadequate medical opinions regarding the etiology of the Veteran's left-hand disability, de Quervain's Tenosynovitis.

The appeal for payment of non-VA medical services provided in March 2020 is dismissed due to a defect in the claims processing rules.

The Board denied the Veteran's claim for an initial compensable disability rating for limitation of extension in his right hip, finding that the evidence did not support a rating higher than noncompensable.

The claim for DIC benefits based on the Veteran's cause of death is denied as there is no evidence that his pneumonia was incurred or aggravated by service.,The claim for DIC benefits under 38 U.S.C. § 1151 is denied because the Veteran did not receive any VA treatment related to his pneumonia.

The Veteran's appeal regarding the retroactive payment for a specific period is remanded due to an incomplete audit of his file.

The appeal for payment of the cost of non-VA emergency medical services provided to the Veteran on June 22-23, 2020, has been dismissed as the claim was administratively approved by VA.

The Veteran's application for PCAFC benefits was denied because his service did not meet the eligibility criteria established by the VA MISSION Act of 2018, which expanded eligibility to include Veterans from all service eras. The Veteran's service ended before September 11, 2011.

The Veteran's active duty service from May 2016 to April 2019 was not considered for Chapter 33 (Post-9/11 GI Bill) education benefits due to a prior agreement under section 4348 of Title 10, which disqualifies such service. The Veteran's separation occurred before the completion of his five-year active duty obligation.

The Board has granted service connection for right leg varicose veins and left leg varicose veins, finding that the Veteran's military training exacerbated his pre-existing conditions.

The Board is remanding the case to determine if the Veteran's employment prior to March 2, 2017 was substantially gainful and to correct a duty to assist error.

The Board denied service connection for a dental disability for compensation purposes because there was no evidence of loss of substance in the upper or lower jaw, and the Veteran had an abscess and replaceable missing teeth.

The Board dismissed the appeals regarding various disability ratings and service connection claims due to the appellant's request for withdrawal of the appeal.

The Veteran's service-connected disabilities do not meet the criteria for eligibility for specially adapted housing (SAH) or special home adaptation (SHA) grants due to lack of a permanent and total service-connected disability involving both lower extremities that causes loss of use without regular and constant use of assistive devices.

The appeal regarding bowel (upper and lower) was dismissed. The Veteran's claims for service connection of bilateral lungs and bilateral eye condition were denied.

The Board has dismissed the appeal as the underlying claim for payment of non-VA oral surgery services provided to the Veteran by the appellant was granted in September 2021.

The Board has found that the decision on eligibility for benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is legally inadequate and remanded. The claim will be evaluated again with a new medical opinion addressing the Veteran's need for personal care services, supervision or protection, and regular or extensive instruction or supervision.

The Board has remanded the case due to a pre-decisional duty to assist error regarding the calculation of the overpayment. The Veteran's appeal is within the modernized review system, and the AOJ must formally adjudicate whether the overpayment was properly calculated based on the Veteran's statements related to his divorce and remarriage.

The Veteran's claim for an earlier effective date for additional disability compensation benefits based on his child J.'s school attendance was denied because the application was not filed within one year of J.'s 18th birthday or the commencement of the course of study.

The Board denied the claim for an earlier effective date for DIC benefits on behalf of D.R. as the earliest effective date has already been assigned, and there is no evidence that the appellant filed a timely appeal or request to reopen the claim.

The Veteran's claim for basic eligibility 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.