Other conditions decisions — 2024

The Board is remanding the case to determine if the appellant was in a legal union with the Veteran at the time of his death, as this affects her eligibility for a VA Government-furnished headstone, marker, or medallion.

The Board has determined that the Veteran's right hip degenerative joint disease is service-connected, as it had its onset during a period of active service and there is continuity of symptomatology.

The Board has dismissed the appeal as the claim was resolved in favor of the appellant, and reimbursement for non-VA medical services provided from March 3, 2020, to April 30, 2020, has been granted.

The Veteran's eligibility for benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded due to inadequate notice in the January 2021 decision. The claim will be evaluated again using the correct statutory criteria for 'need for supervision, protection, or instruction' as per the Federal Circuit ruling in Veteran Warriors.

The Board has determined that the AOJ did not consider whether new and relevant evidence was presented to warrant readjudicating the claim of entitlement to DIC benefits. The matter is being remanded for this purpose.

The Board has restored the Veteran's total disability rating based on individual unemployability (TDIU) and basic eligibility to Dependents' Educational Assistance (DEA), which were previously discontinued effective December 1, 2020. The restoration is due to the improper termination of TDIU.

The Board has determined that a remand is necessary to correct a pre-decisional error regarding the duty to assist, specifically in obtaining a medical opinion on whether the Veteran's service-connected disabilities were a principal or contributory cause of his death due to heart disease.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's bilateral pes cavus.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Board has determined that the Veteran's currently diagnosed skin disorder was incurred during service, resolving reasonable doubt in favor of the Veteran. Service connection for a skin disorder is granted.

The Board has granted a 100 percent evaluation for the Veteran's other specified trauma and stressor-related disorder effective January 27, 2019. The decision is based on the Veteran's symptoms of angry outbursts, loss of temper, and impaired impulse control.

The Veteran's appeal for service connection of multiple myeloma has been dismissed due to the death of the appellant.

The Board denied the appellant's claim for VA home loan guaranty benefits as he did not meet the eligibility criteria due to his short period of service and discharge under the Trainee Discharge Program, which is not considered a medical discharge.

The Board dismissed the overpayment of VA compensation benefits due to retroactive removal of a dependent spouse, as the underlying debt was found invalid.

The Veteran's claim for service connection for a heart disability, including bicuspid aortic valve and aortic aneurysm, has been remanded due to the submission of new and relevant evidence. The AOJ will now consider this evidence in deciding whether the Veteran's current condition is related to his military service.

The Board denied the Veteran's request for an apportionment of his VA compensation benefits to the appellant, on behalf of their minor child E.J.W., finding that the appellant did not demonstrate financial hardship and that the Veteran was reasonably contributing to E.J.W.'s support.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Board denied recognition of N. as the Veteran's dependent child for VA purposes due to lack of legal adoption, despite the fact that the Veteran has custody and provides care for N.

The Veteran's current diagnosis of basal cell carcinoma, left cheek (claimed as skin cancer) is related to a lesion identified during his pre-retirement checkup in 2016. The Board finds the evidence persuasive that this condition began during service and grants the claim for service connection.

The Veteran's appeal for service connection for vulvovaginitis has been dismissed due to the Veteran's withdrawal of the appeal prior to a decision being made.