Other conditions decisions — 2024

The Board has determined that the VA examination provided in September 2015 is inadequate to decide the claim, and thus remands the case for a new examination.

The appeal for an earlier effective date for DEA was dismissed.,The appeal for an earlier effective date for the initial 100 percent rating for emphysema with interstitial lung disease was denied.

The Veteran's claim for a waiver of overpayment is remanded due to the VA's failure to address the validity of the debt creation and the Veteran's contentions regarding its validity.

The Veteran withdrew his appeal regarding the issue of competency to handle disbursement of funds before a hearing could be held.

The Board dismissed the appeal as the appellant requested to withdraw it, and there were no specific errors of fact or law for appellate consideration.

The Veteran's request to add her mother as a dependent parent to her VA disability compensation benefits was denied due to insufficient evidence establishing the relationship.

The Veteran's appeal is remanded due to the lack of a decision on file regarding the payment or reimbursement for laboratory services provided on May 15, 2023, and May 17, 2023. The AOJ must obtain copies of any relevant records and provide notice if necessary.

The Veteran withdrew his appeal for a total disability rating based on individual unemployability (TDIU) due to his representative's notification of withdrawal.

The Veteran's appeal for a higher rating for his service-connected Other Specified Trauma and Stressor-Related Disorder was denied. Service connection was granted for tinnitus, left knee condition, and right knee condition, but the Veteran is not entitled to an increased rating for PTSD or other specified trauma and stressor-related disorder.

The Veteran's application to add her son and daughter as dependents was not received by VA until December 16, 2020. The effective date for additional dependency benefits is set at the later of the effective date of the qualifying disability (May 7, 2016) or the date of receipt of the Veteran's dependency application (December 16, 2020). Therefore, the earlier effective date sought by the Veteran is denied.

The Veteran's spouse was granted recognition for additional dependency compensation benefits effective July 24, 2020.

Your claim for Total Disability Rating Due to Individual Unemployability (TDIU) has been granted, effective from November 21, 2017. However, since you have already received the benefits, your current request is considered moot and will be dismissed.

The Board denied a nonservice-connected pension in excess of $8.25 effective January 1, 2021 as the Veteran's annualized SSA income did not exceed the applicable maximum annual pension rate.

The Board has determined that the withholding of drill pay for active duty time performed during Fiscal Year 2014 was not proper, and therefore grants the appeal.

The Veteran's right foot disability is remanded for a new VA examination to determine the likely etiology of his current condition. The temporary total disability rating claim is also remanded due to a duty-to-assist error regarding whether the surgery was related to his service-connected right ankle sprain.

The Board has determined that the September 2020 VA Form 9 was timely filed, and thus the appeal of the timeliness issue is granted. The underlying claims for service connection for the cause of death and entitlement to accrued benefits are reinstated.

The Veteran's death precludes initial eligibility for PCAFC benefits, and the appeal is denied as a matter of law.

The Board has remanded the Veteran's claims for service connection for fatty liver disease and calcified splenic granulomas due to conflicting VA medical opinions regarding herbicide exposure. The case is returned to the AOJ for further development.

The Veteran's service-connected cranial nerves VII disability was found to be at worst moderate incomplete paralysis, which does not warrant a higher rating. The Board denied the claim for a greater than 10 percent rating.

The appeal was dismissed because the appellant died during the pendency of the appeal.