Other conditions Board decisions

The Board has decided that the original decision denying payment for medical expenses incurred on January 2, 2020 is not available and must be remanded to obtain it.

The Veteran's claim for a handicap shower under the Home Improvement and Structural Alteration (HISA) program is remanded due to missing documents from his application. The Board cannot consider these documents as they were not part of the original appeal.

The Veteran's former spouse, who had divorced him prior to his death in 2022, is denied recognition as the surviving spouse for Dependency and Indemnity Compensation (DIC) benefits due to not meeting the criteria of a 'surviving spouse' under VA regulations.

The Veteran withdrew his hearing requests for both temporary total evaluation and SMC claims, which were based on the same underlying issues. As a result, the Board dismissed these appeals.

The Veteran withdrew her appeals for the proposed reductions in ratings for left and right elbow epicondylitis, limiting flexion and pronation. The Board dismissed these appeals as a result.

The Board has raised the issue of entitlement to special monthly compensation (SMC) based on housebound, but insufficient medical evidence is currently available. The case is being remanded for a VA examination and a VA housebound opinion.

The Veteran is seeking payment for non-VA medical services provided on January 18, 2021. The claim was denied due to the time limit for filing the claim having expired. The Board finds that remand is warranted to ensure proper notice and compliance with applicable regulations.

The Board has remanded the case due to insufficient medical opinions and incomplete evidence, requiring further development.

The Board denied the appellant's claim that her residential facility fees are deductible medical expenses for VA pension purposes, as she does not receive custodial care and the evidence did not show she requires supervision or assistance with basic self-care activities.

The Veteran's restless leg syndrome is granted a separate evaluation of 20 percent, but no higher. The Board finds that the Veteran should be awarded a separate evaluation for his restless legs and that an extraschedular rating for varicose veins is not warranted.

The Board denied the Veteran's request for recognition as a dependent spouse for additional VA compensation benefits due to lack of valid marriage between him and S. in accordance with Thai law, which does not recognize common-law marriages.

The Veteran's service-connected acquired psychiatric disorder, diagnosed as Adjustment Disorder with Depressed Mood, is rated at a 70 percent disability rating since October 11, 2014. The decision also grants entitlement to TDIU and SMC at the housebound rate from that date.

The Board has granted an effective date of May 1, 2010 for the award of Dependency and Indemnity Compensation (DIC) benefits. The decision is based on evidence showing that the Appellant filed a claim with SSA within one year of the Veteran's death.

The Veteran's appeal of a proposed severance of his status post bilateral hernia repair is dismissed. The claim for an initial compensable rating for the service-connected condition is denied.

The Board has decided that the Veteran's claim for service connection for herpes should be remanded due to a lack of relevant medical records from his private caregiver.

The Board has remanded the Veteran's claims for service connection for right and left lower extremity neurologic disabilities due to a duty to assist error. The Veteran was not provided with an adequate opportunity to provide details of his herbicide agent exposure, which is necessary to determine if he can establish service connection based on such exposure.

The Board has determined that the appellant is entitled to recognition as the Veteran's surviving spouse. However, due to a previous denial of survivor's pension benefits, the case is remanded for further development and adjudication.

The Veteran's claim for service connection for pancreatic cancer is remanded due to the need for a TERA examination and an opinion on secondary service connection. The issue of whether his condition is related to herbicide exposure or his service-connected conditions remains in dispute.

The Board has remanded the Veteran's claims for service connection for left and right hip strain, as secondary to his service-connected left knee sprain. The case is sent back to VA for a new examination to determine the etiology of the Veteran's hip strains.

The appeal for eligibility for benefits under the PCAFC program is remanded due to inadequate notice provided by the AOJ. The Veteran's eligibility should be evaluated under the correct statutory criteria for 'need for supervision, protection, or instruction' as per the holding in Veteran Warriors v. VA.