Other conditions decisions — 2024

The appeal for payment or reimbursement of non-VA medical services provided on October 5, 2020 is dismissed as the appellant is now in receipt of the benefit sought.

The Board has determined that the overpayment of educational assistance benefits under the Transfer of Entitlement provisions of the Post-9/11 GI Bill was validly created, and the Veteran is responsible for the $35,935.10 debt.

The Veteran's atrial fibrillation (Afib) was granted service connection in the October 2023 rating decision, but he is seeking a higher disability rating. The Board has decided to remand the case due to a pre-decisional duty to assist error regarding private medical records.

The Board dismissed the appeal because the Appellant, who is not a proper party to submit a Notice of Disagreement, did not file a timely request for reconsideration after being notified of the Misuse Determination.

The Board dismissed the appeal regarding J.J.'s status as a dependent due to the action taken by the Regional Office (RO). The Veteran's request for reinstatement of his son was granted, but he must now pay back any overpayment resulting from the removal.

The appeal was dismissed because the appellant requested to withdraw their appeal.

The Veteran's service connection for breast cancer is granted with an effective date of November 15, 2021.,The Veteran's service connection for multiple myeloma is granted with an effective date of August 19, 2021.

The Veteran's spouse, L., has been added as a dependent to his VA disability compensation award. The appeal is dismissed because the issue of adding the spouse as a dependent has already been resolved.

The Board has determined that the eligibility for PCAFC benefits needs to be remanded due to insufficient evidence and a need for further review of the Veteran's care needs. The VA must obtain private treatment records from RMC Anniston health system.

The Veteran's representative requested to withdraw the service connection claim for encephalomalacia, and the Board dismissed the appeal due to this withdrawal.

The Veteran's appeal for service connection of idiopathic pulmonary fibrosis has been dismissed due to his death. The Board cannot make a decision on the merits as he passed away during the pendency of the appeal.

The Board has determined that a summary of the case is needed to assess eligibility for direct payment of attorney fees based on past-due benefits awarded in an August 2019 rating decision. The Veteran and the appellant are reminded to file a new NOD if they wish to appeal any fee determination issued by the AOJ following this remand.

The Board denied the Veteran's claim for an earlier effective date of April 10, 2017, for his award of TDIU. The decision found that no evidence was received within one year prior to this date that could be construed as a formal claim for TDIU.

The Board dismissed the Veteran's appeals for earlier effective dates prior to December 29, 2022 for his bilateral Achilles tendinopathy ratings as these claims were previously decided by the Board and are now final.

The Board dismissed the appeal because the appellant died during the pendency of the case, and thus has no jurisdiction to adjudicate the merits.

The Board has determined that there was a pre-decisional duty to assist error and the case is being remanded for further evaluation of eligibility for PCAFC benefits.

The Board has remanded the case due to a duty to assist error regarding the Veteran's service records. The AOJ needs to obtain and associate Appellant's service personnel records with the claims file.

The Veteran's initial and staged ratings for right and left lower extremity peripheral vascular disease have been denied. The appeals are based on the criteria set forth in Diagnostic Code 7114, which evaluates arteriosclerosis obliterans.

The Board has dismissed the appeal as the claim for payment of medical services provided by ASC on December 1, 2020 has been granted and no further action is required.

The Veteran's PTSD is related to service and the appeal for health care benefits under Chapter 17 is granted.