Other conditions Board decisions

The Veteran's claim for waiver of recovery of Department of Veterans Affairs (VA) compensation payments is remanded due to a pre-decisional duty to assist error in not requesting marriage certificates and divorce decrees from the Veteran.

The Veteran's VA benefits were discontinued based on a finding of fugitive felon status. The Board is remanding the case to determine if the Veteran was indeed a fugitive felon and whether the discontinuation was valid.

The Veteran's compensation benefits were reduced due to drill days completed in FY 2017, leading to overpayments. The VA incorrectly assessed and recouped multiple debt amounts, which the Board now requires a formal adjudication to determine if they are valid.

The appeal for payment of the cost of non-VA dental services provided on May 4, 2020, is dismissed as the administrative action approving partial payment constitutes a reversal of the previous denial.

The Board has dismissed the appeal as it pertains to a contractual rate dispute under Veterans Care Agreements (VCAs) and does not involve service connection.

The Board has decided to remand the case due to insufficient evidence in the initial determination regarding the Veteran's eligibility for PCAFC benefits and his need for personal care services.

The Board denied a rating in excess of 20 percent for the Veteran's bilateral upper extremity numbness, finding that the evidence most closely characterizes the functional impact as mild incomplete paralysis.

The Board has determined that the Veteran's claims for increased ratings and reduction of evaluations related to his bilateral hip disabilities require additional evidence from a private provider, specifically Kaiser Permanente. The case is being remanded to obtain this information.

The Veteran did not serve during a wartime period, thus the survivor's pension is denied.

The appeal seeking payment or reimbursement for the cost of medical services provided on October 15, 2020, by Aegis Sciences Corporation is dismissed as the benefit has been approved and no case or controversy remains.

The Veteran's death precludes eligibility for PCAFC benefits, and the appeal is denied as a matter of law.

The Board denied service connection for the Veteran's cause of death and denied compensation under 38 U.S.C. § 1151 for the Veteran's cause of death, finding that there was no evidence to support a link between the Veteran's heart attack and his military service.

The Board denied the veteran's claim for service connection for dental disability, claiming it as a tooth condition, for compensation purposes due to lack of evidence showing a current dental disability that could be compensated.

The Veteran's claim for an earlier effective date of July 9, 2010 for service connection of CML was granted. The VA treatment record dated October 26, 2010, which reflected the Veteran had a diagnosis of CML and was being treated for it, was considered new and material evidence within one year of the October 15, 2010 rating decision.

The Veteran's right foot metatarsalgia is granted a 10 percent disability rating, effective from October 29, 2012.

The Board has decided to remand the case due to deficiencies in the VA examiner's opinion, specifically focusing on whether the Veteran's supraventricular arrhythmia is related to service or secondary to his service-connected essential hypertension.

The Board has decided that a partial waiver of the overpayment is warranted, allowing for recovery in part but not all of the amount due.,For the period from January 2016 to October 2018, the Veteran was single and thus not entitled to dependent spouse benefits. Recovery during this period would be against equity and good conscience.

The Board has granted service connection for the Veteran's ameloblastoma, finding that it is related to his in-service herbicide agent exposure. The decision is based on a balance of probative medical opinions.

The Board denied the Veteran's claim for service connection for a right foot condition, finding no current disability and insufficient evidence to establish an in-service injury or disease.

The Board dismissed the appeal as the AOJ administratively approved payment for non-VA medical care provided from April 22, 2019, through April 26, 2019.