Other conditions Board decisions

The Veteran's claim for an earlier effective date for service connection and a total disability rating for loss of use of bilateral hands is denied. The earliest received date was September 10, 2020.

The Board has decided that the Veteran's claims for an earlier effective date for TDIU and DEA benefits need further development due to missing Social Security Administration disability records. These matters are being remanded.

Your appeals for payment or reimbursement of non-VA medical services provided on October 28, 2020, and November 6, 2020, have been dismissed as the benefits sought have already been granted.

The Veteran's claim for payment of non-VA medical expenses incurred at Baptist Health in Paducah, Kentucky, during January 13 through January 14, 2020 is being remanded due to deficiencies in the May 2020 denial letter. The AOJ must provide complete notice as required by law and identify which statutory provision was evaluated under.

The Board dismissed the appeal regarding whether the Veteran is competent to handle disbursement of VA funds as he was found competent in a previous rating decision.

The Veteran's pension rate of $911.00, effective December 1, 2019, was improperly calculated due to an error in the source and calculation of his income.

The Board has determined that the VA examination opinions are inadequate and remands the case for further clarification regarding the Veteran's skin conditions, including basal cell carcinomas of skin and actinic keratosis.

The Board denied the Veteran's claim for service connection for ventral hernia, finding that there is not a causal relationship between his current condition and his in-service exposure to asbestos. The most probative evidence of record does not support the claim.

The appeal is dismissed as the AOJ administratively approved entitlement to payment of non-VA medical services provided on December 6, 2019.

The appeal is denied as the Veteran died prior to eligibility for PCAFC benefits and the application requirements were not met.

The Board has determined that the March 2021 decision denying eligibility for PCAFC benefits is legally inadequate and requires remand to obtain a new medical determination considering all medical information of record.

The Veteran's claims for service connection for left and right hand tremors are being remanded due to a duty-to-assist error. The AOJ is required to arrange for the Veteran to undergo necessary diagnostic testing, including invasive testing that was not performed in this case. New opinions will be obtained regarding the nature and etiology of the Veteran's hand tremors.

The Board has decided to remand the case due to a failure to verify whether the Veteran and the appellant were cohabitating when the appellant filed her claim in December 2020.

The Board has determined that the February 2024 decision denying eligibility for PCAFC benefits is legally inadequate and remands the case to allow for a new medical determination considering all medical information of record.

The Veteran's request for a waiver of the recovery of an overpayment of VA pension benefits in the amount of $116,263.00 was timely filed and granted.

The Veteran's claim for an extension of his Post-9/11 GI Bill (Chapter 33) education benefits delimiting date beyond January 13, 2019 was denied as none of the limited circumstances allowing for such an extension are applicable in this case.

The Veteran's initial evaluations for bilateral chronic dry eye with left eye epiphora and dental disability were dismissed. The Veteran's carotid artery occlusion received an initial 10 percent rating, while his epistaxis was denied a compensable evaluation.,The Veteran's carotid artery occlusion is rated based on its anatomical location and symptoms, not related to service connection.

The Board has determined that the Veteran is not competent to handle his own financial affairs and thus, a fiduciary was properly appointed. The appeal for competency determination and appointment of a fiduciary is denied.

The Veteran's child, the Appellant, applied for Chapter 35 educational assistance benefits in June 2019. The VA found that basic eligibility was established from November 1, 2018, when the Veteran became permanently and totally disabled. However, due to a failure to elect a start date within 60 days of being notified by VA, the effective start date for the Appellant's benefits is April 12, 2019.

The Board has granted the appellant's appeal as to the timeliness of her untimely Notice of Disagreement (NOD) regarding the February 2019 rating decision, finding good cause for the delay.