Other conditions decisions — 2024

The Board denied the Veteran's appeal as the withholding of VA disability compensation due to receipt of both VA compensation and military pay for 30 days in fiscal year 2020 was proper.

The appeal for waiver of recovery of an overpayment of VA benefits is dismissed due to a procedural defect.

The Board has decided that the Veteran's request for waiver of the overpayment of VA education benefits was timely filed. However, the validity of the $3,013.09 debt is still under review and must be adjudicated by the COWC on the merits.

The Veteran's appeal for service connection related to urinary incontinence and other conditions has been dismissed due to the Veteran's death.

The Board has decided that the Veteran's service connection claim for right foot numbness should be remanded due to a duty to assist error. The AOJ needs to obtain a supplemental VA opinion regarding whether the Veteran's right foot numbness was aggravated by his service-connected fractured distal phalanx of the right great toe.

The Veteran's spouse, D., was added as his dependent to his VA disability compensation award effective May 2, 2012. The appeal is granted.

The Board dismissed the appeal as to nonservice-connected pension benefits because the Veteran withdrew the appeal prior to a decision being made.

The Board denied compensation under 38 U.S.C. § 1151 for the Veteran's left hand disability, finding that it was not caused by or made worse by VA treatment and did not result from an event not reasonably foreseeable.

The Veteran requested to withdraw his appeal for a total disability rating based upon individual unemployability (TDIU). The Board dismissed the appeal as per the Veteran's request.

The Board has decided to remand the claims for service connection for right and left hip strain due to a duty to assist error. The Veteran's bilateral hip strains are related to active service, including injuries from a February 1991 motor vehicle accident (MVA).

The Board has granted earlier effective dates of August 30, 2020 for the Veteran's service-connected left and right sided difficulty chewing and swallowing affecting the fifth cranial nerves.

The Veteran's appeal for special monthly compensation based on aid and attendance/housebound was dismissed due to his death during the pendency of the appeal.

The Veteran's claim for service connection of insomnia disorder was filed on April 16, 2018. The effective date is set to this filing date as it represents the earliest possible date based on the facts found.

The Board dismissed the appeal for service connection of infertility due to a withdrawal request from the appellant's authorized representative.

The Veteran's claim for an initial rating of 70 percent from May 17, 2018, for his acquired psychiatric disorder (unspecified trauma and stressor related disorder with alcohol use disorder) has been granted. Additionally, the Veteran's claim for a TDIU from May 17, 2018, has also been granted.

The Board has dismissed the appeal as the payment or reimbursement for non-VA medical services provided to the Veteran on February 6, 2020, has been made by VA and constitutes a full grant of the benefit sought.

The appeal was dismissed because the VA approved the claim for payment of dental care provided by a non-VA provider on May 5, 2020.

The Board found that the creation of an overpayment debt based on the Veteran's incarceration for a felony conviction was proper, as it aligns with VA regulations and prevents unjust enrichment.

The Veteran's oropharyngeal cystic squamous cell carcinoma and metastatic lymph node tissue are granted as service-connected due to exposure to herbicide agents in Vietnam.

The Board has dismissed the appeal as the TDIU was granted in a full grant of benefits, covering the entire period on appeal.