Other conditions Board decisions

The Board has granted a waiver of recovery of an overpayment of VA compensation benefits in the amount of $5,720 due to fault on both the part of the Veteran and VA. The Veteran was unjustly enriched as he received benefits for his deceased spouse after her death.

The Veteran's service was less than two years, which does not meet the eligibility requirements for Chapter 30 educational assistance benefits.

The Veteran's right shoulder disability is being remanded for a VA examination to determine its etiology.,Her left hip disabilities are denied as her range of motion findings do not meet the criteria for higher ratings.

The Veteran's eligibility for PCAFC benefits is being remanded due to inadequate notice in the initial decision, and the need for supervision, protection, or instruction must be evaluated under the correct statutory criteria.

The Board recognized M.H. as the Veteran's surviving spouse for purposes of dependency and indemnity compensation benefits due to her lack of knowledge of North Carolina's recognition of common law marriage prior to their marriage in October [REDACTED], 2006.

The Board has granted the Veteran's request to recognize V. M., his spouse, for VA purposes based on the submission of a marriage certificate and additional information provided by the Veteran.

The Board has remanded the case due to a pre-decisional duty to assist error, requiring the Veteran to provide more detailed information about his father's expenses.

The Board has determined that the Veteran requires supervision, protection, or instruction on a continuous basis and is fully dependent on his caregiver for personal care services. As such, he meets the criteria for a Level 2 stipend under the PCAFC.

The Board has determined that the Veteran's character of discharge does not constitute a bar to VA benefits, and thus the appeal is granted.

The Veteran's left eye keratoconus and bilateral keratoconus prior to June 30, 2022, are rated at 30 percent. From June 30, 2022, the rating for bilateral keratoconus is denied as it does not meet the criteria for a higher rating.

Your initial eligibility and enrollment in VHA healthcare benefits have been granted, but the appeal is dismissed as moot since the benefit has already been awarded.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's right hip impingement is related to service or secondary to his service-connected lumbosacral strain or right knee disability. The AOJ must obtain a curriculum vitae for the VA examiner who performed the October 2021 examination and provide an updated medical opinion.

The Veteran withdrew his appeal for an earlier effective date for the grant of a TDIU, so the claim is dismissed.

The Board has dismissed the claims for dependency and indemnity compensation (DIC) and survivor's pension as DIC was granted in April 2023, making it a full grant of the issue on appeal. The Appellant is receiving greater benefits than what would be available through pension.

The Board has remanded the case due to an inadequate VA examination and a need for further medical opinion regarding whether the Veteran's rhabdomyolysis is related to his in-service diagnosis.

The Board has granted the Veteran's claim for service connection of right hip strain as secondary to his service-connected left knee strain.

The Board has remanded the Veteran's claims for special home adaptation, specially adapted housing, and a temporary total evaluation due to treatment for service-connected or other conditions subject to compensation. The decision is pending as VA failed to attempt obtaining private medical records from Peachtree Orthopedics prior to issuing the rating decision.

The Board has dismissed the appeal as it is not within its jurisdiction to review the contractual payment rate for home health services provided under a Veterans Care Agreement (VCA).

The Veteran's appeal is remanded due to difficulties in scheduling a hearing and the need for VA to consider potential toxic exposure during his service.

The Veteran's urinary stress incontinence is found to have started during service and has continued since then, with the Board granting service connection for this condition.