Other conditions Board decisions

The appeal for medical expenses is dismissed due to the Veteran's death.

The Board has remanded the claims for payment or reimbursement of non-VA medical services provided to the Veteran on December 19, 2019, and June 15, 2020 due to missing denial/rejection letters from VA. The AOJ is instructed to reconstruct the file and readjudicate the claims.

The Board has granted the Veteran's request to add his spouse, K., as a dependent for the purpose of receiving an increased rating of compensation based on additional dependency allowance. The decision is based on the submission of complete information regarding previous marriages and divorces.

The appeal concerning the cost of non-VA medical services provided on December 12, 2019, has been dismissed as the claim was administratively approved by VA.

The Veteran's claim for payment or reimbursement of medical expenses incurred on January 21, 2020, from Lara Dean was not processed correctly. The AOJ incorrectly summarized the applicable laws and regulations, leading to confusion about why the claims were denied. The appeal is remanded to provide proper notice regarding eligibility for VA payment under 38 U.S.C. § 1728.

The Veteran's unspecified trauma and stressor related disorder with alcohol use disorder is granted a rating of 50 percent, effective October 4, 2018.

The Veteran's SMC based on anatomical loss of a creative organ is granted with an effective date of October 1, 2015. This decision is based on the award of service connection for hysterectomy as secondary to her already service-connected uterine condition.

The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse, finding that their marriage did not meet the legal requirements due to it occurring more than 15 years after the Veteran's separation from service and because they were not legally married prior to October 2018. The Board concluded that no valid or deemed valid marriage existed between the Veteran and the Appellant.

The appellant's claims for increased DIC, accrued benefits, and survivor's pension were denied as there was no pending claim at the time of her husband's death. The Veteran did not have any type of claim for additional benefits pending at his death.

The Board has dismissed the appeal as the AOJ administratively reversed the denials and approved the episodes of care for payment.

The Board has granted the appeal for payment or reimbursement of non-VA medical services provided to the Veteran on July 31, 2020, and August 7, 2020.

The Board has determined that the reduction of the Veteran's nonservice-connected pension benefits was improper due to a failure to provide proper notice, and thus restored the prior pension rate.

The Veteran's TMJ has been rated at 10 percent, and the Board found that a higher rating is not warranted based on the evidence of record.

The Veteran's initial claim for a 10 percent rating for colon cancer residuals is granted, effective September 7, 2020. The Board found that the Veteran's symptoms are mild and stable.

The Board has decided to remand the case due to insufficient medical evidence on file, and a VA examination is needed to determine if the Veteran's muscle and joint pain is related to service.

The Board has granted service connection for breast cancer, finding that the Veteran's current diagnosis is at least as likely as not related to her military service and specifically to exposure to jet fuels and hydraulic fluids during her 30 years of aircraft maintenance work. The effective date will be no earlier than August 10, 2022, due to the PACT Act.

The Veteran's claim for an earlier effective date for additional dependency compensation for his wife, D.M., is denied as he did not submit the necessary waiver of military retired pay within a year of notification and was therefore not entitled to receive VA benefits (which include dependency compensation) earlier than the most recent qualifying rating decision.

The Board has decided to remand the case due to inadequate medical opinions and the need for a VA medical opinion based on the PACT Act. The Veteran's essential tremor is being reviewed again to determine if it is related to his service, including exposure to burn pits.

The Veteran's eligibility for benefits under the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is being remanded due to inadequate notice in the January 2021 decision. The claim will be evaluated again with the correct statutory criteria for 'need for supervision, protection, or instruction' as per the Federal Circuit ruling in Veteran Warriors.

The Board has determined that there was a pre-decisional duty to assist error regarding the notice of decision which denied the claim for payment or reimbursement of non-VA medical care provided from December 5, 2015, to December 10, 2015. The case is being remanded to address this issue.