Other conditions decisions — 2025

The Board dismissed the appeal for an earlier effective date prior to May 1, 2017 for DEA benefits due to res judicata.

The appeal for payment or reimbursement of non-VA medical services on January 13, 2022, was dismissed due to the improper filing by Benefit Recovery.

The Board denied the appellant's claim for accrued benefits as the surviving spouse's adult daughter because she failed to submit sufficient documentation of expenses she personally paid for the surviving spouse's last sickness or burial. Although the appellant credibly testified that she paid expenses in cash, she provided no evidence or receipts to substantiate these claims despite being encouraged to do so.

The appeal was dismissed because the Veteran's claims for earlier effective dates were granted in full, making the appeal moot.

The Board denied the appellant's claim for accrued benefits as the surviving spouse's adult daughter because she failed to submit documentation of expenses for the surviving spouse's last sickness and burial. Although the appellant testified credibly that she paid cash for these expenses, she provided no supporting evidence such as receipts or itemized estimates despite being given a 90-day opportunity to do so after the hearing.

The Board remands the claim for an earlier effective date for TDIU to VA's Director of Compensation Service for extraschedular consideration.

The Veteran's claim for special monthly compensation (SMC) at the higher rate of (r)(1) was denied as he did not meet the criteria required under 38 U.S.C. § 1114(r)(1).

The Board remands the matter to ensure a proper accounting of the overpayment and to determine if the debt is valid, as well as to adjudicate the Veteran's request for a waiver.

The appeal for payment of non-VA medical services was dismissed because the entity filing the notice of disagreement, Benefit Recovery Specialists, is not a proper claimant.

The Board denied the Veteran's claim for special monthly compensation based on housebound status prior to January 6, 2025.

The appeal for direct payment of attorney fees based on past-due benefits awarded in the May 2022 rating decision is granted.

The Board remands the claim for a total disability rating based on individual unemployability due to service-connected disabilities for appropriate development and notification.

The Board granted an initial 10 percent disability rating for insomnia, resolving all reasonable doubt in favor of the Veteran.

The Board remands the claim for PCAFC eligibility due to errors in notice and an inadequate medical opinion.

The Board remands the service connection claim for upper airway resistance syndrome to obtain an addendum medical opinion addressing whether the condition is related to the Veteran's active service.

The Board denied the Veteran's claims for an earlier effective date for a total disability rating based on individual unemployability (TDIU) and DEA benefits.

The Board denied the Veteran's request to find the June 2023 Notice of Disagreement timely as to an August 1999 rating decision.

The Board remands the case to refer the TDIU issue to the VA Director of Compensation Service for initial adjudication under 38 C.F.R. § 4.16(b) for the rating period from July 23, 2018.

The Board denied a compensable rating for the Veteran's aortic aneurysm, status post aortic aneurysm repair (ACE), as the evidence did not show that the condition was 5 centimeters in diameter, symptomatic, precluded exertion, or required surgery since December 1, 2023.

The appeal of the May 2021 rating decision was dismissed due to a late notice of disagreement.