Other conditions Board decisions

The Board has remanded the issue of entitlement to a TDIU prior to May 6, 2014 due to conflicting evidence regarding when the Veteran last worked for his former employer, Daybrook Fisheries. The Veteran must provide updated employment information from this employer.

The Board has dismissed the appeal as it does not have jurisdiction to review disputes arising under Veterans Care Agreements (VCAs) due to specific statutory and regulatory provisions.

The Board has dismissed the appeals regarding contractual payment rates for home health services provided by the appellant from January 2, 2020, to January 31, 2020, and February 3, 2020, to February 28, 2020, as these disputes are subject to a specific administrative dispute resolution process that does not allow for appellate review by the Board.

The Veteran's brain mass, diagnosed as high grade infiltrating glioma favoring glioblastoma, is granted service connection due to presumed herbicide exposure during his Vietnam service.

The Veteran's claim for a higher rating of his residuals of post bilateral pulmonary embolism was remanded due to an inadequate VA examination. The Board requires an addendum opinion from the examiner to address cardiopulmonary complications and determine if the Veteran warrants a 100 percent rating.

The Board has dismissed the appeal as there was a grant of service connection for the cause of death in a February 2023 rating decision, making it moot.

The Board found that the reduction of the Veteran's special monthly pension benefits at the aid and attendance rate (SMP-AA) was proper based on a change in his income from Social Security Administration (SSA).

The Board denied the Veteran's request for an earlier effective date for service connection of bowel leakage, finding that the earliest intent to file was in February 2021.

The Veteran's breast cancer worsened from Stage III to Stage IV, and the Board is remanding the case for a VA examination to determine if VA medical care or treatment was the cause of this worsening.

The Board dismissed the appeal regarding the propriety of the contractual payment rate for medical services provided by the appellant between March 2, 2020 and March 31, 2020. The dispute is governed by statutory and contractual authority that does not allow for Board review.

The Board has decided to remand the Veteran's claims for service connection of bilateral lower extremity conditions due to a lack of a VA examination and because the nature and etiology of his condition need to be determined.

The Board has granted an apportionment of the Veteran's VA compensation benefits to his former spouse (the appellant) for the period from March 23, 2020 to May 12, 2020. The amount is equivalent to the additional dependency allowance the veteran received on behalf of his dependent spouse.

The Board found that the reduction in VA disability compensation benefits due to concurrent receipt of military service drill pay for FY 2012, 2013 and 2014 was proper. The appeal is denied.

The Veteran's appeal for educational assistance benefits under Chapter 30 (Montgomery GI Bill) was dismissed because it constituted an impermissible concurrent election with his pending request for Higher-Level Review.

The Board has dismissed the appeal as it pertains to a payment dispute under a Veterans Care Agreement (VCA) and does not involve service connection for any condition.

The Board dismissed the appeal because the payment rate for home health services provided by the appellant from April 1, 2020, through April 30, 2020, was determined to be proper based on a Veterans Care Agreement (VCA). The dispute is not subject to further review as it falls under exclusive administrative remedies.

The Board has remanded the claim of service connection for TMJ due to insufficient medical opinion regarding a nexus between current TMJ and in-service injury, event, or disease.

The Board has determined that the previous decisions denying eligibility for the VA Program of Comprehensive Assistance for Family Caregivers are legally inadequate and requires a more detailed medical opinion to support the decision.

The Board has granted service connection for the Veteran's other specified trauma and stressor disorder, finding that it is due to his active service during his deployment in Southwest Asia.

The Veteran's surviving spouse, the Appellant, is ineligible for DIC as she was married to another person at the time of the Veteran's death.