Other conditions decisions — 2024

The Board has dismissed the appeals for specially adapted housing and special home adaptation, and denied an increased rating for residuals of status post left partial patella tendon tear. The claim of service connection for sleep apnea is remanded due to insufficient evidence.

The Board denied the Veteran's request for a waiver of recovery of overpayment of VA compensation benefits, finding that there was no indication of fraud, misrepresentation or bad faith on the Veteran's part and that recovery would not be against equity and good conscience.

The appeal has been dismissed as the Veteran's representative withdrew the appeal before a decision was made.

The Board has remanded the case due to a duty to assist error, specifically failing to provide a VA examination following the cancellation of the June 2022 VA examination due to the Veteran having contracted COVID-19. The Veteran is currently in receipt of a combined rating for hiatal hernia and duodenal ulcer.

Your appeal for pension benefits has been dismissed due to the Veteran's death. The Board does not have jurisdiction to proceed with your claim as the appellant.

The Board has determined that the character of the Appellant's discharge does not entitle him to VA benefits. The appeal is remanded due to issues related to service connection and mental health.

The Board dismissed the appeal as the appellant's authorized representative requested withdrawal of the appeal.

The Veteran's TDIU and DEA benefits were previously restored, but the claims are now dismissed as they have been fully granted.

The Veteran's claim for an earlier effective date for the grant of basic eligibility to Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 is denied because DEA benefits may not be awarded prior to the effective date of an award of a permanent and total disability rating, which was granted on November 9, 2020.

The Board denied the Veteran's claim for service connection for a hips, legs, and toes disorder secondary to her service-connected left sciatic nerve disorder and lumbar spondylosis with multilevel degenerative spondylitic changes due to lack of evidence of an additional disability other than associated with her already service-connected left lower extremity radiculopathy.

The Veteran's spouse and minor child were restored to his VA benefits award as of their respective effective dates.

The Board denied the claim for service connection for cause of death due to a lack of evidence linking the Veteran's metastatic adenocarcinoma to his military service.

The Board dismissed the appeal as the claim for payment or reimbursement of ambulance services on January 23, 2020 has been approved by VA.

The Board has decided that the AOJ did not issue a Summary of the Case for the December 2020 decision granting service connection for a right elbow disability and assigning multiple ratings. The appellant is eligible for direct payment of attorney fees based on past-due benefits awarded in this decision, but the AOJ needs to issue such a summary.

The Veteran's claim for additional dependency benefits based on his child's school attendance from August 2014 to April 2019 was denied as the application was not filed within one year of the child turning 18 or commencing a course of study.

The Board has decided to remand the case due to a potential error in creating the overpayment, and for the AOJ to review whether the debt is valid. The Veteran's claim will be reconsidered.

The Board found that the reduction of the Veteran's VA disability compensation benefits effective December 16, 2019 due to his felony incarceration was proper and denied the appeal.

The Board is remanding the case to determine if the overpayment debt was validly created and to address the Veteran's waiver request.

The Veteran's service-connected post-operative fracture, L2 vertebra with deformity is currently rated at 10 percent and the Board finds that it does not meet the criteria for a higher rating.

The Veteran's appeal for reimbursement or payment of prescriptions prescribed by an Office of Community Care provider was dismissed because no proper claim had been filed and adjudicated.