Other conditions Board decisions

The Veteran's previously denied claim for educational assistance benefits under Chapter 30, based on transfer of entitlement from her spouse is being remanded due to the submission of new and relevant evidence. The AOJ will consider this new evidence when readjudicating the claim.

The Veteran's deviated nasal septum does not meet the criteria for a compensable rating as it does not result in 50 percent obstruction of the nasal passage on both sides or total obstruction on one side.

The Veteran's death was not caused by or related to any service-connected disability, and he did not meet the criteria for burial benefits as his death was not due to a pending claim for benefits.

The Veteran's eligibility for Post-9/11 GI Bill educational assistance benefits is being remanded due to unclear changes in his service periods and the nature of his role within the Air National Guard. The AOJ will need to verify these details and request further information from DoD regarding qualifying active-duty service.

The Veteran's eligibility for PCAFC benefits is being remanded due to inadequate notice in the March 2020 decision. The claim will be evaluated under the correct statutory criteria for 'need for supervision, protection, or instruction' as per the Federal Circuit's ruling in Veteran Warriors.

The Board granted the Veteran's claim for retroactive CRDP from January 31, 2018 in the amount of $79,239.89 due to concurrent receipt of VA compensation and pension, as the Veteran met the criteria for concurrent payment of military retired pay and VA disability compensation.

The Board denied the Veteran's claim for service connection for Abdominal Aortic Aneurysm (AAA) as secondary to his service-connected disabilities, including hypertension, heart disease, and/or PTSD. The evidence did not support a finding that AAA was related to these conditions.

The Board denied the Veteran's claim for an earlier effective date for the grant of special monthly compensation based on aid and attendance and an additional 100 percent based on independent issues, finding no evidence to support such a date.

The Veteran's request for an extension of the delimiting date for his Post-9/11 GI Bill education benefits was denied as he did not meet any of the exceptions provided by law, including those related to the COVID-19 pandemic.

The Veteran's claim for service connection for chronic myelogenous leukemia is granted with an effective date of March 15, 2016.

The Board has dismissed the appeals regarding contractual payment rates for home health services provided by MGHAL from January to March 2020 due to a specific administrative dispute resolution process that does not allow for appellate review.

The appeal for DIC, survivor's pension, and accrued benefits has been dismissed due to the appellant's withdrawal of the appeal.

The Board denied service connection for right foot hammertoe as there is no evidence of a current disability or any link to military service.

The Veteran's death was caused by malignant neoplasm of the head of the pancreas, which is not service-connected or related to any service-connected condition. The Board denied service connection for the cause of the Veteran's death.

The Veteran's service-connected cephalgia is granted a rating of 30 percent effective December 3, 2021. The condition results in prostrating attacks once per month but does not meet the criteria for very frequent completely prostrating and prolonged attacks.

Your appeal for payment of non-VA medical services provided from January 2, 2020, through January 11, 2020, has been resolved by administrative action. The claim was approved and the cost was paid in full.

The Veteran withdrew his appeal for a higher level of special monthly compensation (SMC R1). The Board dismissed the appeal.

The Veteran's claim for special monthly compensation is being remanded due to the AOJ not considering whether his chronic adjustment disorder, which has been rated at 70 percent since October 5, 2020, is totally disabling by itself. The AOJ must also determine if he is entitled to SMC as requiring the aid and attendance of another due to service-connected disabilities.

The Veteran's right and left great toe disabilities are rated at a 10 percent level each, effective from the date of this decision.

The Board has granted the Appellant's request for waiver of overpayment of transferred Chapter 33 education benefits totaling $5,935 in tuition/fees, $1,333.34 books/supplies, and $6,271.14 in monthly housing allowance, finding her request was timely filed.