Other conditions Board decisions

The Board has determined that the Veteran's service connection claim for a bilateral eye condition should be remanded due to a duty to assist error and potential exposure to hazardous substances during service.

The Veteran's dental treatment provided by the appellant, Dr. Thomas Lyons, was approved under 38 U.S.C. § 1703 and is now granted for payment or reimbursement.

The Veteran's appeal is remanded for further development, including a disability rating under Diagnostic Code 7613 for her residuals from fibroid surgery and adjudication of her TDIU claim.

The Board has determined that the AOJ's failure to have a complete record, including all documents and determinations, contained in the electronic file constitutes a pre-decisional duty to assist error and such inaction stifles the Board from adequately adjudicating the appeal before it. The claim must be remanded for further development.

The Board denied the appellant's claim as his character of discharge from service constitutes a bar to VA benefits, and there is no evidence provided for service connection or other claims.

The Board dismissed the issue of eligibility for agent fees based on past-due benefits awarded in a February 2021 rating decision, as the appellant was granted agent fees in that decision.

The Board has remanded the case due to a duty-to-assist error, requiring an addendum opinion from an appropriate clinician to determine the nature and etiology of the Veteran's claimed residuals of squamous cell carcinoma of the oropharynx.

The appeal seeking payment or reimbursement for unauthorized non-VA medical services provided on February 14, 2020 is dismissed because the appellant (a billing company) did not provide the underlying treatment and is not a proper claimant.

The Board has determined that the Veteran's remaining entitlement to VA educational assistance benefits under Chapter 33 is more than previously calculated, and additional records are needed to accurately determine his use of education benefits.

The Board denied the appellant's claim for an increased monthly rate of DIC benefits, finding that she is not entitled to such benefits based on the specific statutory and regulatory guidelines governing entitlement to DIC benefits.

The Veteran's claim for SMC is granted as he needs regular aid and attendance due to his service-connected schizoaffective disorder.,Entitlement to an earlier effective date for the acquired psychiatric condition prior to October 4, 2012, is denied.

The Board has determined that the Veteran's bilateral ingrown toenails are related to his period of active duty for training (ACDUTRA) in 1987, and service connection is granted.

The Veteran's claim for service connection for trigger finger, right hand fifth finger was denied. The Board found that the effective date of the grant of service connection cannot be earlier than July 5, 2017, and an initial compensable rating is not warranted.

The Board has granted the Veteran's claim for service connection for ascending aortic aneurysm, finding that his condition is related to in-service treatment with Ciprofloxacin (Cipro). The Board determined that the evidence was in equipoise and resolved all doubt in favor of the Veteran.

The Board has decided that the VA home loan guaranty benefits claim needs to be reviewed again due to incomplete records. The AOJ must obtain and include all relevant post-service VA records, including any previous loan guarantee documents and notices of denial.

The Veteran withdrew their appeal, so the case is dismissed.

The Board found that the overpayment of VA compensation benefits was properly created due to the Veteran's failure to notify VA of his change in marital status, resulting in an overpayment. The appeal is denied.

The Board denied the Veteran's appeal as the withholding of VA disability compensation due to receipt of VA compensation and military pay for 117 days in fiscal year 2019 was proper.

The Veteran's appeal for a later effective date to remove his deceased spouse from his VA disability compensation award is denied. The Board found that the RO acted appropriately in assigning the proper effective date.

The Veteran's death was caused by glioblastoma multiforme, which is presumed to be related to his in-service exposure to herbicide agents. The Board has granted service connection for the cause of the Veteran's death based on this presumption.