Other conditions decisions — 2024

The Board has remanded the claims of entitlement to an earlier effective date for TDIU and DEA eligibility due to a discrepancy in the Veteran's last date of employment. The AOJ is requested to clarify this information.

The appeal was dismissed because the VA approved the claim for payment of non-VA medical services provided on February 19, 2020.

The Board denied an earlier effective date for nonservice-connected pension benefits, finding that the earliest possible effective date is June 13, 2019.

The Veteran's right eye disability with partial loss of vision is being remanded due to incomplete records and the need for a new VA medical opinion regarding whether the additional disability was proximately caused by carelessness, negligence, lack of proper skill, or similar instance of fault on the part of VA in furnishing surgical treatment.

The Veteran withdrew his appeal regarding the evaluation of 90 percent from September 19, 2019. As a result, the Board dismissed this issue.

The Veteran's claim for an earlier effective date for service-connected bruxism is denied as the earliest date of entitlement is August 31, 2011.

The Board has dismissed the claims for service connection as the Veteran died during the appeal process.

The Board dismissed the appeal as the VA had already resolved the issue by paying for the non-VA medical services provided on February 16, 2020.

The Veteran's appeal for an earlier effective date for the addition of his child, J., as a dependent to his VA disability compensation award is granted. The Board finds that the evidence supports honoring the child's date of birth as the effective date.

The Veteran's claims for initial compensable evaluations for left and right leg chronic anterior compartment syndrome are being remanded due to the need for additional evidence, specifically regarding muscle symptoms associated with his condition.

The Veteran's surviving spouse had no valid pending claim at the time of her death, nor were there any benefits owed her but unpaid. Therefore, there is no entitlement to accrued benefits.

The Board has determined that the claim for payment or reimbursement of non-VA medical treatment provided by Twin City Ambulance Service (TCA) on January 11, 2020 should be reconsidered under different sections of VA regulations due to unclear review and remanded for further action.

The appeal for medical expenses is dismissed due to the Veteran's death.

The Board has remanded the claims for payment or reimbursement of non-VA medical services provided to the Veteran on December 19, 2019, and June 15, 2020 due to missing denial/rejection letters from VA. The AOJ is instructed to reconstruct the file and readjudicate the claims.

The Board has granted the Veteran's request to add his spouse, K., as a dependent for the purpose of receiving an increased rating of compensation based on additional dependency allowance. The decision is based on the submission of complete information regarding previous marriages and divorces.

The appeal concerning the cost of non-VA medical services provided on December 12, 2019, has been dismissed as the claim was administratively approved by VA.

The Veteran's claim for payment or reimbursement of medical expenses incurred on January 21, 2020, from Lara Dean was not processed correctly. The AOJ incorrectly summarized the applicable laws and regulations, leading to confusion about why the claims were denied. The appeal is remanded to provide proper notice regarding eligibility for VA payment under 38 U.S.C. § 1728.

The Veteran's unspecified trauma and stressor related disorder with alcohol use disorder is granted a rating of 50 percent, effective October 4, 2018.

The Veteran's SMC based on anatomical loss of a creative organ is granted with an effective date of October 1, 2015. This decision is based on the award of service connection for hysterectomy as secondary to her already service-connected uterine condition.

The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse, finding that their marriage did not meet the legal requirements due to it occurring more than 15 years after the Veteran's separation from service and because they were not legally married prior to October 2018. The Board concluded that no valid or deemed valid marriage existed between the Veteran and the Appellant.