Other conditions decisions — 2024

The Veteran's appeal was not timely filed as his VA Form 9 was received more than one year after the issuance of the April 2020 Statement of the Case and more than 60 days after the SOC. The Board found that he did not request an extension or equitable tolling, nor provide any evidence to rebut the presumption of regularity.

The appeal for PCAFC benefits is denied due to the Veteran's death, making it impossible to complete the application requirements.

The Veteran's appeals for an earlier effective date, extension of temporary total rating, and SMC based on housebound criteria were dismissed as the appeal was improperly docketed under the AMA.

The Board dismissed the appeal for an effective date prior to January 28, 2020, for the award of basic eligibility to Dependents' Educational Assistance benefits under 38 U.S.C. Chapter 35 due to a procedural defect.

The Veteran's claim for nonservice-connected pension benefits was denied because she did not have qualifying wartime service, and thus does not meet the criteria for basic eligibility.

The Veteran's claims for an earlier effective date and a higher level of special monthly compensation (SMC) are being remanded due to the failure to obtain relevant private medical records.

The Veteran's claim for educational assistance benefits under Chapter 33 for an on-the-job training program with MEP prior to January 9, 2019 is denied as the earliest date allowed for the commencement of benefits in his case is January 9, 2019.

The Board has granted service connection for cholangiocarcinoma, finding it at least as likely as not related to in-service exposure to herbicide agents (Agent Orange).

The Veteran's facial palsy is considered a qualifying additional disability that was not reasonably foreseeable as a result of VA surgery and treatment, thus meeting the criteria for compensation under 38 U.S.C. § 1151.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for right hip arthritis, limitation of flexion; a separate rating for right hip arthritis, limitation of extension prior to September 17, 2015, and an initial compensable rating thereafter; and a separate rating for right hip arthritis, limitation of abduction, prior to September 17, 2015, and an initial compensable rating thereafter. The issue of entitlement to total disability due to individual unemployability (TDIU) prior to May 21, 2014 is also remanded.

The Veteran's marriage to the appellant was considered valid for purposes of VA dependency and indemnity compensation benefits because it occurred within one year before his death, despite being less than a year after the termination of the previous marriage.

The Board has remanded the claims for service connection and TDIU due to a duty to assist error, requiring an examination to determine if any bone disability is related to service or service-connected conditions.

The Veteran's dependent child, R., was restored to his award of VA disability compensation effective June 1, 2011. The appeal is dismissed as the issue has been resolved.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The termination of the Veteran's VA compensation benefits due to fugitive felon status from October 21, 2014, to October 1, 2019, was improper. The effective date for resuming his benefits is October 1, 2019.

The Board has remanded the case due to a lack of an examination or opinion regarding whether the Veteran's heart disability, including paroxysmal atrial fibrillation, is related to service. The Veteran contends that his MOS as an electrical powerline technician and exposure to electromagnetic fields during active duty may be associated with his current condition.

The Veteran's appeal for an earlier effective date for the addition of his spouse M. and children C.R.S. and C.J.S. to his VA disability compensation award was denied.,Both the addition of M. as a dependent spouse and the addition of C.R.S. and C.J.S. as dependents were assigned an effective date of January 17, 2020.

The Veteran's right big toe and foot disability is rated at 20 percent, but no greater. The Board granted a higher rating based on the Veteran's complaints of pain during flareups.

The Veteran's claim for payment or reimbursement of non-VA medical expenses from January 22, 2019 to January 25, 2019 is remanded due to a duty-to-assist error and incomplete evidence. The AOJ must obtain relevant payment documents including an explanation of benefits (EOB) and request the Veteran's EOBs or other payment documents.

The Veteran's appeal was dismissed due to their death, and the case has been closed.