Other conditions decisions — 2025

The Board granted eligibility to attorney fees based on past-due benefits awarded in a January 26, 2024, RO decision.

The appeal concerning entitlement to payment of the cost of non-VA medical services provided on January 21, 2021, is denied as there was no authorization by VA for such services.

The reduction of the Appellant's survivor's pension benefits was proper, and a higher rate of pension is not warranted.

The Board denied an earlier effective date for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) as the evidence did not support an effective date prior to August 7, 2021.

The Board remands the issue of entitlement to a total disability rating based on unemployability (TDIU) due to service-connected disabilities for readjudication in light of the grant of service connection for esophageal adenocarcinoma.

The appeal is remanded to ensure that the AOJ associates with the record any relevant evidence, including those establishing whether such ambulance travel had been approved by VA and whether or not the Veteran was unable to defray the costs of the June 15, 2024, ambulance travel.

The issue concerning entitlement to payment for the cost of non-VA dental care services furnished by the appellant on June 9, 2020, was dismissed because it is subject to a specific administrative dispute resolution process that does not allow for appellate review by the Board of Veterans' Appeals.

The Board remands the claim for payment or reimbursement of non-VA medical services provided from November 11, 2021 to November 15, 2021 due to insufficient information regarding the CCN authorization.

The Board denied the appellant's claim for transportation expenses for the Veteran's burial, as the Veteran was not service-connected for any disabilities and did not meet the criteria for burial benefits.

The Board remands the issues of entitlement to reversal of a prior RO decision regarding the Veteran's character of discharge and an earlier effective date for service connection for PTSD, due to clear and unmistakable error (CUE).

The Board denied the appellant's claim for reimbursement of transportation expenses related to her father's burial in a state veterans cemetery, as she did not provide documentation of the transportation costs incurred.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA compensation benefits for his ex-spouse, finding no evidence of fraud or misrepresentation and determining that recovery would not be against equity and good conscience.

The appeal concerning the issue of entitlement to service connection for sleep apnea is dismissed due to the Veteran's death during the pendency of the appeal.

The appeal is remanded due to an incomplete file, inadequate notification of the decision, and a pre-decisional duty to assist error.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA compensation benefits for his ex-spouse, finding no evidence of fraud or misrepresentation and determining that recovery would not be against equity and good conscience.

The Board remands the matter for the AOJ to consider new evidence and ensure a proper medical opinion is obtained.

The appeal concerning entitlement to payment of the cost of non-VA medical services provided on August 10, 2021, is denied.

The Board remands the matter to obtain additional service personnel records that may support the Appellant's contentions regarding compelling circumstances.

The appeal concerning entitlement to payment of the cost of non-VA medical services provided on August 12, 2021, was denied because the services were not authorized by VA.

The Board remands the issue of whether the character of the Appellant's discharge from service constitutes a bar to the receipt of VA benefits for further development, including obtaining additional service personnel records.