Other conditions Board decisions

The Board has granted the Veteran's claim for compensation under 38 U.S.C. § 1151 as the treatment provided by VA at the Lexington VAMC resulted in an additional disability (amputated right great toe) that was not a reasonably foreseeable event.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance is being remanded due to a duty-to-assist error. The Board will consider all relevant evidence of record, including treatment records from VA's VISTA imaging system, and schedule an adequate examination.

The Board dismissed the appeal because a waiver of recovery for the overpayment was granted in full, making any challenge to its validity moot.

The Board has determined that the AOJ committed pre-decisional duty-to-assist (DTA) errors and thus remanded for further action, including requesting detailed copies of divorce orders and child support records from both parties.

The Veteran's claim for an earlier effective date for additional compensation based on his child D.W.'s school attendance is denied. The case is remanded to conduct a review of the overpayment related to this issue.

The Veteran's claim for reimbursement of ambulance transportation services provided by Butler Ambulance Service on August 7, 2020 is being remanded due to the improper application of the relevant regulations.

The Veteran's IBD-related inflammatory arthritis is granted as secondary to his service-connected ulcerative colitis, status post total abdominal proctocolectomy with J-pouch procedure and GERD. The RO has remanded for further examination and rating of the Veteran's anemia, migraine headaches, lumbar strain, and GERD.

The Veteran's claim for a compensable rating for his service-connected residuals of right bicep tendon repair is granted, with the effective date being July 26, 2017.

The Board dismissed the appeal as the administrative action approving payment of non-VA care provided by Actikare in Home Care Services (AHC) from August 10, 2019, to August 18, 2019, constitutes a reversal of the denial and full grant of the benefit sought.

The Veteran's application for Post-9/11 GI Bill educational assistance benefits was denied because she did not meet the required criteria of having a minimum of 90 aggregate days of qualifying active duty, as her service included entry level and skill training (IADT) which is not considered qualifying active duty.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on housebound status due to a lack of evidence showing he was permanently bedridden or in need of regular aid and attendance as a result of his service-connected disabilities.

The Board denied the Veteran's request for a waiver of overpayment of VA compensation benefits, finding that recovery would not be against equity and good conscience due to lack of fault on the part of the Veteran, no undue hardship, and no change in position.

The Board has granted waivers of overpayment for the Veteran's FY 2018, FY 2019, and FY 2020 drill pay as well as his active duty pay from June 20, 2019 to July 31, 2020 and November 9, 2020 to February 6, 2021. The waivers are granted due to the Veteran's financial hardship.

The appeal for additional payment of non-VA medical services provided from November 25, 2019 to November 26, 2019 is dismissed because the claimant did not have proper authority to file a Notice of Disagreement.

The Board dismissed the appeal regarding whether the removal of the Veteran's dependent children, J.B. and P.B., from his disability compensation award effective February 1, 2014 was proper because they were added to his award retroactively based on new information.

The Veteran withdrew her appeal for an increased rating of left total elbow arthroplasty, resulting in the dismissal of this issue.

Your request for payment of air ambulance transportation services provided on November 13, 2018 has been resolved by administrative action. The full amount requested was approved and paid.

The Veteran passed away in June 2011 and had a pending claim for service connection for prostate cancer. However, the liberalizing law allowing retroactive claims was not applicable at the time of his death.

The VA approved the appellant's claim for payment of a non-VA medical service provided on January 30, 2019. As a result, the appeal is dismissed.

The Board denied service connection for a left hand condition and a right hand condition, both for treatment purposes only under Chapter 17 of Title 38 of the United States Code, due to lack of evidence linking these conditions to service.