Other conditions decisions — 2025

The Veteran is granted a higher level of special monthly compensation (SMC) at the intermediate rate between 38 U.S.C. § 1114 subsections (l) and (m) from June 6, 2017, based on his service-connected narcolepsy with cataplexy and an additional permanent disability of migraine headaches independently rated at 50 percent.

The Board remands the Veteran's claim for service connection for throat cancer to obtain an adequate medical opinion regarding the relationship between the Veteran's herbicide exposure and his diagnosed malignant neoplasm of the oropharynx.

The appeals for special monthly compensation based on the need for aid and attendance and housebound status are dismissed as moot due to subsequent grants of SMC under different provisions.

The Veteran's discharge from active duty was due to a service-connected disability, and she is granted basic eligibility for Chapter 33 educational assistance benefits.

The Board remands the matter for the AOJ to correct a pre-decisional duty to assist error by preparing an audit that explains the creation of the debt and how the overpayment was calculated, and making an administrative decision regarding the validity of the debt.

The Board remands the issue of entitlement to eligibility for benefits under the Program of Comprehensive Assistance for Family Caregivers due to a lack of adequate notice as required by law.

The appeal concerning entitlement to payment of the cost of non-VA medical services provided by Provo Canyon Behavioral Hospital from December 24, 2018, to December 31, 2018, is dismissed as the issue has been resolved in full by administrative action.

The appellant's countable income exceeds the applicable maximum annual pension rate for entitlement to the payment of NSC survivor's pension benefits.

The appeal for an earlier effective date for the 100 percent disability evaluation of PTSD was dismissed as it was duplicative and the matter had already been decided in a previous Board decision.

The Board denied the Veteran's claim for nonservice-connected pension benefits due to insufficient evidence of his primary residence and asset transfers.

The Board denied the Veteran's appeal for an extension of his delimiting date beyond March 1, 2022, for Post-9/11 GI Bill educational assistance benefits due to a lack of evidence showing he was prevented from pursuing his education due to any applicable circumstances.

The Board denied the claims for dependency and indemnity compensation under 38 U.S.C. § 1151 and 38 U.S.C. § 1310, finding that there was no evidence to support a causal relationship between VA care in January 2019 and the Veteran's death from respiratory failure due to COVID-19 in April 2021.

The Board granted an initial rating of 30 percent, but not higher, for permanent atrial fibrillation.

The Board remands the claim for further development regarding radiation exposure, including obtaining a dose estimate from the Under Secretary of Health.

The Board denied service connection for adjustment mood disorder but granted service connection for mechanical lower back pain, to include on a secondary basis.

The Board denied the Veteran's claim for special monthly compensation based on aid and attendance, finding that he did not require regular aid and attendance due to his service-connected disabilities.

The Veteran's challenges to the propriety of the creation of an overpayment in the amount of $4,611.84 are granted, while his claim for a waiver of the recoupment is dismissed.

The Board denied the Appellant's claim for Dependents' Educational Assistance (DEA) benefits because she was 26 years old at the time of her stepfather's effective date for a total and permanent disability rating.

The Board granted an effective date of December 27, 2019, for service connection overactive bladder and a 60 percent disability rating from that date.

The Board granted eligibility for attorney fees based on the past-due benefits awarded in the February 2021 rating decision.