Other conditions Board decisions

The Veteran's appeal regarding whether his current attorney, R.V.C., is eligible for the direct payment of attorney fees based on past due benefits awarded in a May 2023 rating decision has been dismissed. The Veteran had a non-withholding fee agreement with R.V.C. and had already paid R.V.C. directly in connection with the May 2023 award.

The Veteran's death was not caused by a service-connected disability, and he did not meet the criteria for DIC benefits under 38 U.S.C. § 1310 or § 1318.

The Veteran's effective date for adding his spouse and children to his VA disability compensation award is granted as February 20, 2018.

The Board has determined that the Veteran's diagnosed chronic gastritis is related to his service, and therefore grants service connection for this condition.

The appeal to add the Veteran's children as dependents to her award of VA disability compensation is dismissed because their addition was already granted in a previous decision.

The Veteran's diagnosed other specified trauma and stressor related disorder is found to be etiologically related to service, leading to the grant of service connection.

The appeal for payment or reimbursement of non-VA medical services on November 7, 2020 is dismissed as the appellant is already in receipt of the benefit sought.

The Veteran's appeal regarding Chapter 33 education benefits for a course of study at Houston Community College (HCC) beginning in January 2021 is dismissed as he has already received the full benefit sought and his entitlement was established.

The appeal of the Veteran's claim for an earlier effective date for special monthly compensation (SMC) based on housebound status is dismissed due to concurrent election.

Your appeal for service connection for left and right hip replacements has been dismissed because the Veteran died while his case was pending. The Board does not have jurisdiction to consider the merits of your claims now.

The Veteran's claim for service connection for squamous cell carcinoma of the vocal cords, claimed as throat cancer, is being remanded due to a duty-to-assist error related to his exposure to ionizing radiation. The Board finds that further development is needed regarding this issue.

The Veteran's right knee patella tilt is rated at 40 percent for limitation of extension, and his left knee patella tilt is rated at 10 percent for limitation of extension.,Both knees are currently rated at 20 percent for limitation of flexion.

The Veteran's claim for a disability rating in excess of 20 percent for a meniscal condition of the left knee was denied. An initial disability rating of 10 percent, but no more, from February 7, 2021 for limitation of motion of the left knee is granted.

Your claim for reimbursement of non-VA medical services incurred on February 5, 2018, has been approved. The appeal is dismissed as the benefit sought by this appeal has now been granted.

The Veteran's surviving spouse was recognized for the purposes of establishing basic eligibility for DIC, death pension, and accrued benefits based on valid marriage records.

The Board dismissed the appeal as it does not have jurisdiction to review the claim for payment of medical services provided by Aegis Sciences Corporation on June 4, 2020.

The Veteran's appeal for a waiver of recovery of an overpayment of VA compensation benefits in the amount of $7,444.47 has been dismissed as the debt was already waived by the Committee on Waivers and Compromises (COWC).

The Board has dismissed the appeals for payment or reimbursement of non-VA medical services provided by the appellant from October 5 through October 9, 2020, and from October 13 through October 23, 2020, as these claims were resolved in favor of the appellant.

The Board has decided that the overpayment waiver decision needs to be reconsidered due to a calculation error, and thus remanded for further action.

The Board dismissed the appeal seeking attorney fees based on past-due benefits awarded in a September 2023 rating decision as the appellant withdrew his appeal.