Other conditions decisions — 2024

The Board dismissed the appeal for entitlement to additional attorney fees based on past-due benefits awarded in the April 2020 rating decision as the appellant requested withdrawal of the appeal.

The Board is remanding the case to determine if a common law marriage existed between the Veteran and the Appellant, which would allow for recognition as his surviving spouse for VA benefits purposes.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Board has granted payment or reimbursement for non-VA medical care provided by Barnes Jewish Hospital (BJH) on July 6, 2017, to July 7, 2017, and September 4, 2018.,Both episodes of care were deemed timely and emergent, with no feasibly available VA facilities.

The Board denied the veteran's claim for eligibility to VA home loan guaranty benefits due to insufficient service in the Selected Reserve and lack of active duty service.

The Veteran's claim for beneficiary travel benefits associated with a medical appointment on October 6, 2023 was granted due to the application of equitable tolling and because his annual income did not exceed the maximum pension rate.

The appeal for attorney fees based on past-due benefits awarded in a July 2023 rating decision is dismissed because the Appellant has already received the full amount of attorney fees.

The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of an in-service injury or disease and that any current condition is not related to active duty.

The Board has decided to remand the case due to incomplete records and a need for further review of the claim for reimbursement of non-VA medical services provided on February 5, 2019.

The Board has dismissed the appeal because no adverse decision had been made by the AOJ regarding a proposed reduction in the special apportionment of VA benefits. The appellant submitted evidence but the AOJ had not yet acted on the proposal.

The Board granted the appellant's request to waive recovery of an overpayment of VA Dependency and Indemnity Compensation (DIC) benefits in the amount of $9,013.20 due to undue hardship caused by financial difficulties and declining health.

The appeal of the proposed reduction in the February 2021 rating decision is dismissed because a reduction did not occur, and the May 2021 rating decision increased the Veteran's overall compensation.

The Veteran was granted a VR&E subsistence allowance for the period of bar preparation from May 2019 to July 2019, as his vocational goal included passing the bar examination.

The Board has decided to remand the case due to an improper calculation of attorney fees based on past-due benefits awarded in the July 2022 rating decision. The AOJ is required to recalculate these amounts and adjust the associated attorney fees.

The Board has determined that there was a pre-decisional duty to assist error regarding the Veteran's marital status during the period at issue, and thus the case is being remanded for further review of the validity of the overpayment.

The Board has determined that a VA examination is needed to assess the nature and etiology of the Veteran's multiple myeloma disability, which may be service-connected. The case is being remanded for this purpose.

The Board has decided to remand the case due to a pre-decisional duty to assist error, and needs to verify the number of training days performed by the Veteran during fiscal year 2019.

The Veteran's death precludes eligibility for PCAFC benefits as final approval and designation for the program could not be achieved due to the death of both the Veteran and the Primary Family Caregiver applicant.

The Board has determined that the claim for payment of medical treatment provided to the Veteran on March 1, 2019 by the appellant was timely filed and granted.

The Veteran's permanent optical nerve damage and blindness were caused by VA treatment, specifically the failure to timely diagnose and properly treat his eye disease. The Board has granted compensation under 38 U.S.C. § 1151 for this disability.