Other conditions decisions — 2024

The Veteran's right hip disability is rated at 30 percent, and her RUP radiculopathy is rated at 40 percent. The Board has remanded the issue of service connection for RLE radiculopathy.

The Veteran withdrew her appeal for payment or reimbursement of non-VA medical services provided on February 21, 2020. The Board dismissed the appeal as a result.

The Veteran withdrew his appeal regarding the payment or reimbursement for expenses incurred at Baylor Scott & White Medical Center Round Rock on August 19, 2019.

The Veteran's constipation, diarrhea, and abdominal pain are granted as service connection for irritable bowel syndrome (IBS) due to objective indications of a qualifying chronic disability that became manifest during active military service in the Southwest Asia Theater of operations.

The Veteran's claim for payment or reimbursement of beneficiary travel expenses associated with an October 26, 2023, oncology appointment at Massachusetts General Hospital is remanded due to the lack of adequate notice and consideration of relevant VA Directive.

The Board has remanded the claim of service connection for myelodysplastic syndrome due to a duty to assist error. The Veteran's death was attributed to his service-connected coronary artery disease, which is presumed related to herbicide agent exposure.

The Veteran's request for educational assistance benefits under the Post-9/11 GI Bill for on-the-job training with NYPD from July 2012 to July 2015 was denied because VA did not receive a claim within one year of the program start date.

The Veteran's appeals for service connection and increased rating were dismissed due to his death.

The Board has decided to remand the issues of whether a request for waiver of overpayment was timely filed and whether an overpayment was properly created due to removal of a dependent spouse. The validity of the debt is being considered first.

The Board dismissed the appeal for a total disability rating based on individual unemployability prior to September 29, 2018 because the appellant requested withdrawal of the appeal.

The Appellant is the adult daughter of the Veteran and not considered a child for purposes of receiving accrued benefits. The appeal is denied as she does not qualify as a 'child' under VA regulations.

The Veteran's daughter E. was initially removed from his compensation award as a dependent child effective July 1, 2015, but was restored to the award in November 2020. The appeal regarding this issue is dismissed because there is no justiciable case or controversy.

The Board dismissed the Veteran's claim regarding past-due benefits awarded in an October 2020 rating decision as Attorney S.C. waived his right to attorney fees and there was no case or controversy left to decide.

The Board has granted readjudication of the claim for service connection for a left breast condition but has remanded both the service connection and rating issues due to incomplete medical opinions.

The Board has determined that the Veteran's pancreatic cancer is related to his service exposure to TCE, and thus grants the claim for service connection.

The Veteran's claim for reimbursement of unauthorized medical expenses from a non-VA facility is denied because he did not meet the legal requirement to be enrolled in VA healthcare within the preceding 24 months.

The Board has remanded the claims for payment or reimbursement of medical services provided by the appellant during the Veteran's August 2019 hospital stay at Beaumont. The appeal is being returned to obtain missing information from Beaumont regarding these treatments.

The Veteran withdrew his appeal regarding a decision from February 9, 2024. The Board dismissed the case as it has no jurisdiction over withdrawn appeals.

The Board found that the reduction of the Appellant's survivors' pension benefits, effective January 1, 2022, was proper due to insufficient evidence regarding her caretaker costs for those costs to be considered unreimbursed medical expenses used to reduce her countable income.

The Veteran is seeking an earlier effective date for TDIU prior to July 18, 2017. The Board has determined that referral to the VA's Director of Compensation Service for extraschedular consideration is warranted.