Other conditions decisions — 2024

The Board dismissed the appeal regarding the timeliness of a claim for payment of non-VA medical services provided in February 2020, as VHA found it to be timely.

The Board has granted service connection for Acute Myeloid Leukemia (AML) based on evidence showing the Veteran's exposure to herbicide agents in Vietnam, which is presumed to be related to AML.

The Veteran's claims for service connection for chronic exertional syndrome of the left and right legs have been granted.

The Veteran's service connection claim for pityriasis lichenoid chronica is granted. The Board found that the evidence supports a finding of exposure to herbicide agents during service, leading to a positive opinion linking the condition to service.,Service connection for respiratory cancer is denied as there is no current diagnosis of respiratory cancer in the record.

The Veteran's claim for a temporary total evaluation based on convalescence following right hip surgery was denied as it was received more than one year after the surgery.

The Veteran's service connection claim for a functional gastrointestinal disorder, specifically constipation, is granted as his symptoms meet the criteria for a minimum rating of 10 percent and are presumed to have been incurred in service.

The Board has remanded the case due to an error in not considering new evidence submitted by the Veteran, and a VA examination is needed to determine if the right side injury is related to service.

The appeal of the award of entitlement to a total disability rating based on individual unemployability (TDIU) is dismissed as there was no substantive issue on the merits and the Veteran did not express dissatisfaction with the implementing rating decision.

The appeal concerning the payment of non-VA medical care provided on May 17, 2019, has been dismissed as the claim was administratively approved by VA.

The Veteran's period of eligibility for Post-9/11 GI Bill educational assistance benefits expired on October 10, 2020. The Board denied the extension request as no applicable exceptions to the 15-year delimiting date were met.

The Veteran's claim for service connection for schizoaffective disorder has been dismissed because the appellant died during the appeal process.

The appeal to reduce the disability rating from 70% to 30% is granted. The appeal for a higher rating prior to February 23, 2023, is also granted.

The Board found that the reduction of nonservice-connected pension benefits effective February 1, 2015 was procedurally proper and based on the Veteran's receipt of Social Security Administration (SSA) income. The decision also noted that the reduction was factually proper as it aligned with the calculated monthly pension rate based on the Veteran's SSA income.

The Board has granted an effective date of December 2, 2022 for the award of service connection for the cause of the Veteran's death due to acute myeloid leukemia. The appeal is not about a presumption or exposure basis.

The Board dismissed the appeal because a waiver of recovery for the overpayment was granted, making the challenge to its validity moot.

The Veteran's household income was found to be in excess of the applicable maximum annual pension rate (MAPR), resulting in denial of a nonservice-connected pension.

The Board has decided to remand the case due to inadequate examination opinions regarding the Veteran's CADSIL, and a new examination is required.

The Board has determined that the decision regarding payment of non-VA medical care provided by Hutchinson Regional Medical Center on March 26, 2021 is unclear and requires further review under section 1725. The underlying medical records need to be associated with the claims file for a proper determination.

The Veteran's claim for an earlier effective date for service connection of a right hamstring disability was denied as there was no attempt to appeal or reopen the claim prior to February 16, 2021.

The Veteran's death did not qualify for nonservice-connected burial benefits as he was not in receipt of VA compensation or pension at the time of his death and no pending claims existed.