Other conditions decisions — 2024

The Veteran's interstitial cystitis is currently rated at the maximum schedular rating of 60 percent, and there are no additional signs or symptoms related to her condition that warrant a higher rating.

The Board found that the suspension of apportionment benefits to the appellant during the Veteran's period of fugitive felon status was proper, and thus denied the appeal.

The Board has ordered a new medical opinion to determine if the Veteran's participation in the PCAFC program is in his best interest, and to identify his personal care needs, need for supervision or protection, and need for regular or extensive instruction or supervision. The decision will not affect any existing service connection.

The appeal for apportionment of the Veteran's VA disability compensation benefits to the appellant is dismissed due to untimeliness of the Notice of Disagreement (NOD).

The appeal is dismissed because the VCCP process does not allow for Board review of payment decisions.

The Veteran's claim for service connection for spondylosis/lower back injury is granted due to the submission of new and relevant evidence. The issue has been remanded for further examination.

The Board has decided to remand the Veteran's claims for service connection for right and left shin splints due to inadequate medical opinions in the original decision. The Veteran must be provided with a new opinion regarding the onset of his shin splints during service or their relationship to his military service.

The appeal is dismissed because the issue of an earlier effective date for service connection for the cause of death was already on appeal based on a previous VA Form 10182 submission.

The Veteran's appeal to increase his initial noncompensable rating for right hallux valgus is dismissed because the Notice of Disagreement was not timely filed.

The Veteran's claims for increased ratings for digital nerve neuritis, left middle finger, and degenerative joint disease, left middle finger, were denied as there is no evidence of more than mild incomplete paralysis or functional impairment in the left hand. The maximum schedular rating under DC 5229 was assigned.

The Veteran's spouse is eligible for retroactive Dependents' Educational Assistance (DEA) benefits from September 25, 2017, based on her eligibility date and the VA's interpretation of her application.

The Board denied the claim for an earlier effective date for service connection for the cause of death due to lack of new and relevant evidence, as all submitted evidence was not considered by the AOJ decision on appeal.

The appeal is dismissed as the requested curriculum vitae for the examiner who performed the October 2018 VA skin diseases examination has been provided to the Appellant and her representative.

The Veteran's appeal for an increased disability rating for bilateral pes cavus from August 5, 2018 to the present was denied. The Board found that even with painful flare-ups, the service-connected bilateral pes cavus most nearly approximated all toes tending to dorsiflexion and marked tenderness under metatarsal heads.

The Board has decided to remand the case due to incomplete evidence, specifically an IRS report and a VA proposal letter that were not associated with the electronic claims file. The Appellant's survivors' pension benefits were reduced and terminated based on retirement income received in tax year 2019.

The Veteran's appeal for service connection for idiopathic pulmonary fibrosis has been dismissed due to the Veteran's death.

The Veteran's cause of death due to complications of dementia is not service-connected, and the criteria for survivor's pension are met. Accrued benefits in the amount of $29,948 are granted.

The appeal for DIC and survivor's pension benefits has been dismissed due to an invalid concurrent election.

The Board dismissed the appeal because it is a duplicate of an earlier decision, and the issue has been resolved.

The appeal is denied as the non-emergency, non-VA medical services provided by the appellant on November 14, 2020 were not authorized by VA and thus no legal basis for payment exists.