Other conditions Board decisions

The Board has decided to remand the case due to inadequate VA medical opinion and failure to consider all necessary development steps under 38 C.F.R. § 3.311.

The Veteran's son is not considered a valid claimant for DIC, accrued benefits, or death pension due to the appellant being over the age of 18 and not permanently incapable of self-support. The Veteran did not have any pending claims at the time of his death.

The Board has found errors in the pre-decisional duty to assist and remanded for correction of these issues, including clarification of the Veteran's employment history and obtaining information from his former employer.

The Board has remanded the case due to a duty to assist error regarding whether the Veteran's stroke was aggravated by his service-connected total right knee replacement.

The Veteran sought an extension of his delimiting date for Chapter 33 educational assistance benefits, but the Board denied this request as none of the limited circumstances allowing for an extension were applicable.

The Veteran's representative has requested the withdrawal of the appeal concerning attorney fees from past due benefits awarded in August 2020. The Board has dismissed this appeal as a result.

The Board has decided that the VA did not pay the correct amount for non-VA medical treatment provided to the Veteran from June 5, to June 10, 2019. The case is being sent back to the agency of original jurisdiction (AOJ) so they can ensure all relevant records are included in the file and determine if additional monies owed by VA should be paid.

The Veteran's claim for VA payment of medical services provided by the appellant on December 4, 2019 has been approved and is no longer pending.

The Veteran's mother is granted additional compensation benefits as a dependent parent due to her reasonable maintenance needs, while the Veteran's father's income exceeds the threshold for dependency.

The appeal for accrued benefits in excess of $5,508.24 is dismissed as a duplicate appeal and has been addressed separately under a different docket number.

The Board has decided to remand the claim of entitlement to payment or reimbursement of non-VA medical expenses for treatment provided by the appellant on March 26, 2019. The AOJ must provide complete notice including a summary of the evidence, applicable laws and regulations, identification of findings favorable to the claimant, and payment calculations conducted by the AOJ.

The appeal is dismissed as the claim for payment of non-VA medical services provided on November 23, 2020, was administratively approved and payment issued.

The Veteran's right hip disability does not meet the criteria for a higher rating as her flexion is limited to 125 degrees, which falls within the current 10% rating.,The Veteran's right hip limitation of extension and flexion are both rated at 10%, with no basis for a higher rating.

The Veteran's claim for an earlier effective date for additional compensation benefits for his spouse was denied as there is no evidence of a dependency claim prior to October 2021, and the earliest relevant date is July 1, 2015. The decision must be denied.

Your special home adaptation grant was granted in July 2020, and as a result, your claim for a special home adaptation is now moot.

The Board dismissed the appeal as it does not have jurisdiction to review the claims for payment of non-VA medical services provided by appellant on August 3, 2020.

The Board denied the veteran's claim for payment of non-Department of Veterans Affairs (VA) medical expenses incurred on February 16, 2021 due to a lack of VA authorization.

The Board denied the Veteran's request for educational assistance benefits under Chapter 33 at a rate greater than 70 percent, as his qualifying service period was already used to establish eligibility for Chapter 30 benefits.

The Veteran's claim for earlier effective date of special monthly compensation (SMC) based on the need for aid and attendance is granted as of February 15, 2019. The Board found that the Veteran has been in need of regular care due to his service-connected disabilities since at least 2015.

The Board has dismissed the appeal regarding payment for non-VA medical services provided on January 14, 2020. The decision is based on the governing statutes and regulations that do not allow for review of such payments by the Board.