Other conditions Board decisions

The Veteran's appeal regarding the direct payment of attorney fees based on past due benefits awarded in a May 2023 rating decision is dismissed because R.V.C. informed VA that at the time of the May 2023 award, the Veteran had a non-withholding fee agreement with R.V.C., which was properly filed and the Veteran had already paid R.V.C. directly.

The Veteran's claim for reimbursement of ambulance expenses from August 10, 2023 is being remanded due to incomplete information and the need to consider whether the appropriate analysis should be under 38 U.S.C. § 111 or 38 U.S.C. § 1725.

The Veteran's right little finger disability, which resulted from a 2009 fracture, has been rated as noncompensable. The Board found that the pain and reduced range of motion did not warrant a higher rating.

The Veteran's widow is seeking recognition of her DIC award for the cause of death and an earlier effective date. The appeal is currently pending due to procedural issues.

The Board has determined that new and relevant evidence has been submitted for the Veteran's claims of bilateral photophobia and bilateral floaters, leading to their remand. The claims are being reviewed again due to the submission of additional private treatment records.

The Board denied the claim for attorney fees as the June 2023 Rating Decision is considered an initial decision on the Veteran's dependency benefits claim, and thus does not meet the criteria for direct payment of past-due benefits.

Your VA pension benefits have been terminated, and this appeal is dismissed due to the Veteran's death.

The Board has dismissed the appeal of the apportionment decision because the Appellant's Notice of Disagreement was not timely filed.

The Board has determined that the Veteran's timely substantive appeal was filed in July 2020, which resolved a previous issue with incorrect mailing addresses for Statements of the Case issued in July 2016.

The Veteran withdrew his appeal for special monthly compensation (SMC) based on aid and attendance, which was previously denied. The Board dismissed the appeal as a result.

The Veteran's claim for additional dependency benefits for his second wife, N., is granted as he has been in receipt of at least a 30 percent combined rating for his service-connected disabilities since September 9, 2015.

The Board has determined that reasonable steps should be taken to determine whether the Veteran participated in a TERA during service and will provide an opinion regarding the etiology of his peritoneal epithelioid malignant mesothelioma.

The Veteran's appeal for service connection of esophageal cancer has been dismissed due to their death during the appeal process.

The Board has decided to remand the case due to inadequate clinical opinion and error in finding of extraction in service. The Veteran's dental condition is being reviewed for service connection.

The Veteran's death certificate lists the appellant as his surviving spouse, but she was divorced from him prior to his death. The Board finds that she cannot be recognized as his surviving spouse for VA benefits.

The Board dismissed the appeal as the administrative action approving payment for the medical services provided on March 4, 2020 constitutes a complete grant of the benefits sought.

The Veteran's non-VA emergency medical services provided on March 18, 2020 are eligible for payment/reimbursement under the Veterans Millennium Health Care and Benefits Act due to timely filing of the claim within 90 days after exhausting third-party action.

The Board has decided to remand the case due to potential errors in creating and validating the overpayment, which may affect whether the Veteran can receive a waiver of recovery.

The Veteran withdrew his appeal regarding reimbursement of beneficiary travel expenses incurred on February 14, 2024 due to a mistake in the date. The VA had already paid for the correct date (February 7, 2024).

The Board has decided that the Veteran's claim for special monthly compensation (SMC) is remanded due to a duty to assist error. The RO must request the Veteran's Social Security Administration disability records.