Other conditions decisions — 2024

The Veteran's active duty service from April 12, 2016 to April 11, 2017 was not considered in determining his accumulated creditable active duty service. The Board finds this a pre-decisional error and orders the AOJ to correct it on remand.

The Board has granted service connection for the Veteran's psychiatric disability, but the appeal is dismissed as there are no remaining issues to be decided.

The Board denied the Veteran's request to waive an overpayment of educational assistance benefits under Chapter 33 (Post-9/11 GI Bill) because the debt was not against the principles of equity and good conscience. The Veteran withdrew from coursework for which he received education benefits, resulting in an overpayment.

The Board has dismissed the Veteran's claim for an earlier effective date for Total Disability Rating Based on Individual Unemployability (TDIU) prior to March 17, 2021, as there is no case or controversy regarding these benefits.

The Veteran's dependent spouse and child were removed from his VA disability compensation due to lack of verification of their dependency status. The Board is remanding the case for the AOJ to consider additional evidence submitted by the Veteran in support of continued dependency.

The appeal for PCAFC benefits is denied as the Veteran was not an eligible veteran at the time of his death, and no accrued benefits were due.

The Veteran's claim for an initial rating in excess of 20 percent for his unspecified trauma and stressor-related disorder is being remanded due to insufficient information regarding the baseline severity prior to aggravation.

The Veteran's claim for service connection for a left femur fracture was granted with an effective date of December 28, 1987. The decision is based on new and material evidence submitted in June 2011.

The Veteran is requesting a revision of the March 28, 2008 rating decision that assigned a noncompensable rating for gouty arthritis due to clear and unmistakable error. The RO has not addressed this issue yet.

The Veteran's appeal for an earlier effective date for special monthly pension based on the need for aid and attendance has been dismissed due to his death during the pendency of the appeal.

The Board has granted the Veteran's claim for service connection for Inclusion Body Myositis (IBM), finding that it is a variant of Amyotrophic Lateral Sclerosis (ALS). The decision applies the presumptive service connection criteria due to the similarity in environmental components and pathogenesis.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's other specified trauma and stressor related disorder with alcohol use disorder is related to service, including his deployment to Afghanistan.

The Veteran's service-connected disabilities rated at 100% combined did not cause an employment handicap, and he was found to be employable with his current skills, education, and training. Therefore, VR&E benefits were denied.

The appeals concerning TDIU prior to October 28, 2009 and the award of DEA under 38 U.S.C. Chapter 35 have been withdrawn by the Appellant.

The Veteran seeks reimbursement for non-VA medical expenses incurred on September 4, 2024, due to an episode of atrial fibrillation. The claim is remanded as the AOJ needs to consider whether the treatment meets the criteria under VA regulations for payment or reimbursement.

The Board denied the appellant's request for a higher rate of survivor's pension benefits, finding that her income was correctly calculated and she received appropriate benefits.

The Board has decided to remand the case due to errors in calculating the overpayment of educational assistance benefits and determining if VA was solely responsible for the error. The AOJ must clarify the total overpayment and resulting debt charged to the Veteran and consider whether VA was solely responsible for the overpayment.

The Board has remanded the case for further development, including obtaining a VA medical examination to assess whether the appellant requires aid and attendance or is housebound due to her disabilities. The income determination will also be redetermined.

Your claim for payment of non-VA medical services has been resolved by an administrative action. The appeal is dismissed as the issue is moot.

The Veteran's serious injury is now eligible for VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) benefits because it occurred during an eligible period of service. The claim will be processed again to determine eligibility.