Other conditions Board decisions

The Board has decided to remand the case due to insufficient information and documents in the file, requiring further development of the claim including obtaining foreclosure records and any relevant divorce decree.

The Board denied the appellant's appeal as her October 2020 Decision Review Request: Supplemental Claim was not accompanied by new and relevant evidence, and her May 28, 2021, Decision Review Request: Board Appeal was untimely.

The appeal of the attorney fees eligibility issue has been dismissed as requested by the appellant's representative.

The Board has decided to remand the case due to a failure to obtain a VA examination prior to the May 2021 rating decision, and to consider whether the Veteran's psoriatic arthritis is related to service or caused by his other service-connected conditions.

The Board dismissed the claim as it pertained to a contractual payment rate for home health services provided under a Veterans Care Agreement (VCA), which is subject to specific administrative dispute resolution process that does not allow for appeal by the Board.

The Board denied the Veteran's request for a waiver of overpayment of additional VA compensation benefits for his dependent spouse, finding that recovery would not be against equity and good conscience due to fault on the part of the Veteran in creating the overpayment.

The Veteran's appeal for service connection for scoliosis with stenosis has been dismissed due to the Veteran's death during the pendency of the appeal.

The Veteran withdrew his appeal, and the Board dismissed the case as a result.

The appeal is dismissed as the claim for payment of non-VA medical services provided by Mennonite General Hospital from April 17, 2020, to April 30, 2020, was administratively approved while the appeals were pending.

The Board has dismissed the appeal because it does not have authority to address questions regarding the proper contractual payment rate for services provided under a Veterans Care Agreement (VCA). The appellant was paid $629.57 of the $981.25 billed charge and considered payment in full.

The Board has dismissed the appeal because it is not within its jurisdiction to review disputes arising under Veterans Care Agreements (VCAs). The dispute in this case involves a disagreement over the contractual payment rate for home health services provided by a non-VA provider.

The Board has dismissed the appeal because the dispute regarding the contractual payment rate for home health services provided by the appellant is subject to a specific administrative dispute resolution process that does not allow for appellate review.

The appeal has been dismissed as the VA AOJ administratively approved the claim for payment of non-VA emergency medical services provided to the Veteran on April 25, 2020.

The Board has determined that the termination of the Veteran's nonservice-connected pension benefits, effective January 1, 2020, was improper due to a reduction in his countable income. The Veteran's countable income did not exceed the applicable maximum annual pension rate (MAPR) for a Veteran without dependents.

The Board has dismissed the appeal as there is no administrative review process for disputes related to contractual payment rates under Veterans Care Agreements (VCAs).

The Board denied the Veteran's request for an extension of his delimiting date for Post-9/11 GI Bill benefits, finding that he was not prevented from pursuing his chosen program of education due to a covered reason.

The Veteran's cause of death, congestive heart failure, is found to be related to his active-duty service. However, the surviving spouse does not meet the criteria for Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1318 as she cannot establish a total disability rating for at least ten years immediately preceding death.

The appeal is dismissed as the AOJ administratively approved payment for non-VA medical care provided from February 1, 2020, to February 28, 2020.

The Board has dismissed the appeals for payment of medical services provided by Shore Acupuncture from September 27, 2018, through December 12, 2018, as the process for billing under the Veterans Community Care Program does not allow for review by the Board.

The Board has decided that the appellant's claim for payment of non-VA medical services provided on May 29, 2019, is not clear and needs further action. The decision will be issued with all necessary content requirements.