Other conditions decisions — 2025

The Board denied the motion for revision of a May 2015 rating decision on the basis of clear and unmistakable error (CUE) to assign a 20 percent disability rating for painful motion of the left shoulder.

The Board remands the claims for a new medical opinion to determine the nature and etiology of the Veteran's heart condition, as it is unclear if the condition is a defect or disease under VA's legal framework.

The Board denied the Veteran's claims for increased ratings for her service-connected right and left fifth toe disabilities, finding that they do not more nearly approximate a moderate injury in either foot.

The Board dismissed the Veteran's motion for revision on the basis of clear and unmistakable error (CUE) a prior rating decision that adjudicated entitlement to service connection for chronic myelogenous leukemia (CML), as the motion was not pled with sufficient specificity.

The Veteran's appeal request was denied as it was not timely filed and no good cause was shown.

The Board denied an initial rating in excess of 60 percent for cardiomyopathy and denied an earlier effective date for the grant of service connection for cardiomyopathy.

The Board granted special monthly compensation (SMC) at the rate intermediate between the rates authorized under 38 U.S.C. § 1114(l) and (m), but denied a higher rate of SMC, including SMC at the (r) rate.

The Board granted the appellant's claim for basic eligibility for VA home loan guaranty benefits due to his honorable service during the Persian Gulf War Era, which met the minimum requirements of 90 days of active-duty service.

The appeal was withdrawn by the Veteran, and therefore dismissed.

The appeal concerning entitlement to payment of the cost of non-VA medical services provided from May 6, 2022, to June 4, 2022, has been dismissed as the issue was administratively resolved in favor of the veteran.

The appeal was denied as the withholding of VA disability compensation to recoup special separation benefits in the amount of $36,276.46 was proper.

The appeal was dismissed as the request for an extension of time to file an appeal from a VHA administrative decision was denied, and it was found that good cause had not been shown.

The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse and dismissed her claim for accrued benefits.

The appeal concerning entitlement to payment of the cost of non-VA medical services provided on February 10, 2021, has been resolved in full by administrative action and is now moot.

The appeal contesting eligibility to attorney fees based on past-due benefits awarded in an April 2025 rating decision by the Veteran has been withdrawn.

The Board granted eligibility for the direct payment of attorney fees to attorneys T.G. and J.B. from past due benefits awarded in a January 2016 rating decision granting a total disability rating based on individual unemployability (TDIU). The reasonableness of the amount of these fees is remanded for further review.

The appeal concerning entitlement to payment of the cost of non-VA medical services provided on January 5, 2024, has been resolved in full by administrative action and is now moot.

The Board granted eligibility for the direct payment of attorney fees based on past-due benefits awarded to the Veteran.

The appeal for payment of the cost of non-VA medical services provided on June 1-4, 2024 was dismissed as the issue has been resolved administratively.

The Board granted the request for a waiver of recovery of an overpayment of VA death benefits due to timeliness.