Other conditions decisions — 2024

The Veteran seeks additional compensation for his dependent child, B. T. M., who is home schooled and has special needs. The AOJ did not develop this claim to the extent that it is based on recognition of B. T. M. as permanently incapable of self-support prior to age 18 due to his reported special needs. The Board finds a remand necessary for appropriate development.

The Veteran died in May 2012 and the Appellant did not have a pending claim for VA benefits at his death. The criteria for accrued benefits, DIC, and survivor's pension were not met due to lack of eligibility or evidence of unpaid benefits.

The Board denied service connection for right and left leg shin splints as there is no current disability diagnosed or evidence of chronic residuals.

The Board denied the Appellant's claim for DIC, survivors' pension, and accrued benefits because she was not recognized as the surviving spouse of the Veteran due to her divorce from him.

The Board denied the claim for VA death benefits because the Appellant cannot be recognized as the surviving spouse of the Veteran due to her divorce from him.

The Board has decided to remand the Veteran's claims for higher ratings for his left hip bursitis disabilities due to pre-decisional duty to assist errors, specifically regarding the October 2020 VA examination.

The Board has remanded the case due to errors in obtaining evidence and a medical opinion, as well as verifying service in Vietnam. The claim will be reconsidered with new evidence and an expert opinion.

The Board denied the appellant's claim for additional accrued benefits, finding that she did not meet the criteria of a 'child' under VA regulations and her expenses were not related to her father's last sickness or burial.

The Board dismissed the appeal as the VA AOJ administratively approved and paid for the cost of non-VA emergency medical services provided on August 14, 2019.

The Board has dismissed the appeals for payment or reimbursement of non-VA medical services provided on June 12, 2020, and from October 30 to November 6, 2020.

The Veteran requested to withdraw his appeal, and the Board has dismissed it due to lack of allegations for appellate consideration.

The Veteran's appeal is for payment or reimbursement of medical expenses. The AOJ mistakenly associated records related to a different claim with the electronic file, and the Board cannot make a decision based on these incorrect records. The case is being remanded so that the correct records can be reviewed.

The Veteran's appeal involves two main issues: the entitlement to an effective date prior to October 18, 2019 for the addition of his spouse as a dependent and the overpayment created due to changes in his marital status. The Board has determined that these matters are intertwined and need to be remanded for further action.

The appeal was dismissed due to the appellant's death, and no final decision can be made.

The Veteran's claim for payment or reimbursement of non-VA medical care at Straub Clinic and Hospital was denied because the claims were filed after the 90-day filing window had passed.

The Veteran's appeal was dismissed because her authorized representative requested withdrawal of the appeal.

The Board has determined that the appeal must be remanded due to errors in adjudication and requires additional development of the claim for payment or reimbursement of non-VA ambulance services provided on March 21, 2023.

The appeal is dismissed as the claims for payment of medical expenses have been administratively reversed and approved by VA.

The issue of entitlement to waiver of recovery of an overpayment of VA compensation benefits in the amount of $23,405.38 has been raised by the Veteran and needs further adjudication.

The appeal for additional dependency compensation for the Veteran's spouse was dismissed as no justiciable case or controversy existed.