Other conditions decisions — 2024

The Veteran's daughter, who is over the age of 23 and capable of self-support, is not eligible for accrued benefits as she does not meet the criteria for a surviving child. The Appellant was only entitled to the amount paid for expenses of burial and last sickness.

The Veteran's child, D.H., is recognized as his dependent for VA purposes due to her permanent incapacity for self-support prior to reaching age 18.

The Board denied a compensable rating for the Veteran's limitation of flexion in his left hip, finding that the evidence did not show more than the current 10% rating already assigned.

The Veteran's appeal for esophageal cancer was dismissed due to their death, and the Board has no jurisdiction to proceed.

The Veteran's surviving spouse (the appellant's mother) died in November 2019, and the deceased beneficiary had been found to be not competent for disbursement of VA benefits. The appellant requested reimbursement of funeral expenses and accrued benefits totaling $30,702.00, but this request was denied as she does not qualify as a child under VA regulations.

The Board denied payment of non-VA medical expenses incurred from January 1, 2020, to February 11, 2020, as there was no VA authorization for the services provided.

The Board has determined that additional development is necessary before the claim on appeal may be adjudicated. The Veteran's Attorney and Appellant have consistently argued that the debt is not valid, as the Veteran's medical expenses have exceeded his income during his lifetime. Despite this dispute, no formal finding has been issued regarding the validity of the debt. As a result, the Board finds pre-decisional duty to assist errors have taken place and remands for recalculation of pension benefit and issuance of a formal finding on the validity of the overpayment.

The Veteran's initial rating for his adjustment disorder with depressed mood associated with cerebrovascular accident is denied as the symptoms do not meet the criteria for a higher rating.

The Board denied the Veteran's claim for service connection for mental problems, other than an acquired psychiatric disorder, including Alzheimer's disease. The evidence did not support a finding that these conditions were caused by or incurred in service.

The Veteran's left hip extension disability was initially rated at 10% prior to May 22, 2019 and decreased to noncompensable thereafter. His left hip flexion disability was also initially rated at 10% after April 10, 2019. Both disabilities were denied as the evidence did not support higher ratings.

The Veteran's appeal for service connection for thrombosis, transient ischemic attacks, and cerebral infarction (claimed as stroke) is dismissed due to the death of the Veteran.

The Board has dismissed the appeal for payment or reimbursement of non-VA medical services provided by the appellant on August 4, 2020, as the benefit sought has been granted in full.

The Board denied the Veteran's appeal as the withholding of VA compensation benefits to recoup military separation pay was proper, and the appeal is denied.

The Board has granted readjudication of the claim for service connection for cause of the Veteran's death based on receipt of new and relevant evidence. However, the issue is still pending as it was remanded due to a need for further adjudication.

The appeal seeking payment or reimbursement for the cost of medical services performed on October 5, 2020 by Aegis Sciences Corporation is dismissed as the benefit has been approved.

The Board denied the Veteran's claim for service connection for Bell's palsy, finding that there was no evidence of a link between his in-service adenovirus vaccination and his current diagnosis of Bell's palsy.

The Veteran's claim for a higher evaluation prior to January 15, 2020 was denied as his symptoms did not meet the criteria for a rating in excess of 20 percent. The appeal for TDIU was also denied due to lack of evidence showing he is unable to secure or follow substantially gainful occupation.

The Board has dismissed the appeal regarding payment or reimbursement for non-VA ambulance transportation provided by the appellant on December 2, 2019. The claim was not initially adjudicated and there is no initial decision to appeal.

The Veteran withdrew his appeal regarding the claim of service connection for bilateral eye disability.

The Veteran's claim for service connection for gastroenteritis/stomach condition has been dismissed due to the death of the appellant.