Other conditions Board decisions

The Board has restored the Veteran's VA disability compensation benefits that were reduced due to his incarceration, and now he is entitled to receive a 30% rating starting from June 15, 2018.

The Board has decided to remand the case due to a duty to assist error, and will consider any evidence not previously considered.

The Board dismissed the appeal as the appellant did not have standing to pursue an appeal regarding the manner in which attorney fees, arising from a May 2020 rating decision, were paid.

The Board denied the claim for payment or reimbursement of medical expenses incurred from September 26, 2020, to October 5, 2020, at Southwestern Virginia Mental Health Institute due to a lack of timely filing.

The Board has granted an effective date of February 4, 2020 for the grant of a total disability rating based on individual unemployability (TDIU). The decision is based on evidence showing that it was factually ascertainable that the Veteran met the criteria for TDIU within one year prior to the receipt of her intent to file claim.

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 Veteran seeks payment of VA compensation benefits concurrent with separation pay due to financial hardship. The RO has requested an updated Financial Status Report (VA Form 5655) from the Veteran as it is essential in making a hardship determination.

The appeal regarding the termination of an apportionment to the Veteran's former spouse, B.P., on behalf of their children is dismissed as moot because the benefit was already granted and the apportionee did not appeal.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse due to the fact that the Veteran and the appellant were divorced at the time of his death, which is not sufficient to recognize her as a surviving spouse under VA regulations.

The Veteran's non-VA air ambulance transportation on January 24, 2019 was approved and paid by VA. The appeal is dismissed as moot since the claim has been resolved.

Your appeal has been dismissed because the VA approved your claim for payment of medical services provided in January 2020.

The appeal concerning the cost of non-VA emergency medical services provided on October 27, 2020, has been dismissed as the claim was administratively approved.

The Board has dismissed the appeal for entitlement to a higher payment rate for home health services provided by the appellant from March 3, 2020, to March 30, 2020, as this matter is governed by statutory and contractual authority that does not allow for review by the Board.

The Veteran's cause of death, acute myeloid leukemia with underlying CMML 2 and pancytopenia due to leukemia, is considered a B cell leukemia and therefore included as a presumptive disability due to herbicide agent exposure. The Board found that the Veteran's death was caused by exposure to herbicide agents during his active-duty service.

The Board denied the Veteran's request for an earlier effective date of December 23, 2019, for his award of total disability based on individual unemployability (TDIU). The decision found that the earliest date entitlement arose was December 23, 2019.

The Board has dismissed the appeal for entitlement to a higher payment rate for home health services provided by the appellant from February 1, 2020, to February 28, 2020, as this matter is governed by statutory and contractual authority that does not allow for review by the Board.

The Board has dismissed the appeal for entitlement to a higher payment rate for home health services provided by the appellant from March 3, 2020, to March 30, 2020, as it is governed by statutory and contractual authority that does not allow for review by the Board.

The Veteran's TDIU claim is being remanded due to a duty to assist error and the need for additional information about his past employment history. The AOJ will also consider the impact of his service-connected disabilities on his ability to work, including any new disability granted in a subsequent rating decision.

The appeal for payment or reimbursement of ambulance transportation provided to the Veteran by the appellant on December 10, 2018 is dismissed as the claim was approved and there is no longer a case or controversy.

The appeal regarding the reduction of disability rating for right heel fracture residuals from 20 percent to 10 percent, effective October 1, 2021, has been dismissed due to the Veteran's death.