Other conditions Board decisions

The Veteran's non-VA medical expenses for emergency care at Orange Park Medical Center on March 3, 2020 are granted as the closest VA facilities were not feasibly available and an attempt to use them beforehand would have been unreasonable.

The appeal for an earlier effective date for Chapter 35 Dependents' Educational Assistance (DEA) benefits is dismissed as the parties agreed on the earliest possible effective date of August 28, 2009.

The Board dismissed the claims for survivor's pension, DIC, and accrued benefits due to procedural defects in the appellant's Notice of Disagreement (NOD). The appellant did not clearly identify which specific issue or issues she was appealing.

The Veteran's claim for a total disability rating due to individual unemployability (TDIU) is dismissed as moot because he has already been awarded a TDIU from July 31, 2018 to October 15, 2019.

The Board found a portion of the overpayment was valid and granted it, but also determined that part of the overpayment was not valid. The remaining $25.55 is considered valid.

The Board has determined that there were pre-decisional errors in obtaining relevant medical records and an adequate VA examination, which are necessary to decide the claim of compensation pursuant to 38 U.S.C. § 1151 for loss of vision in the right eye.

The appeal was dismissed due to the appellant's death, and no final decision can be made.

The Veteran withdrew his appeal regarding the reduction in nonservice-connected pension benefits, and this appeal is dismissed.

The Board denied the Veteran's appeal because his timely filed Notice of Disagreement (VA Form 10182) was not received within the required time frame, as it did not comply with the requirements set forth in VA regulations.

The Veteran's appeal regarding eligibility for the direct payment of agent fees based on past due benefits awarded in a September 17, 2020 Board decision and effectuated in a September 21, 2020 rating decision is dismissed.

The Veteran's claim for service connection for shingles is being remanded due to the receipt of new and relevant evidence. The Board finds that there was insufficient evidence to readjudicate the claim based on the existing record.

The Veteran's claim for service connection for a neck condition is remanded due to the need for a VA examination and opinion.

The Board denied the Veteran's request for an earlier effective date prior to January 16, 2020 for additional dependency compensation for his spouse. The decision was based on conflicting information regarding the validity of their marriage and a need for additional evidence.

The Veteran's application for PCAFC benefits was denied due to his death, as the program requires ongoing eligibility and caregiver services. The appeal is dismissed.

The Veteran's claim for service connection for memory loss due to in-service exposures is dismissed because the appeal was improperly docketed under the modernized review system.

The Veteran's appeal for a higher disability rating for bilateral dry eye syndrome was dismissed because the VA Form 10182, submitted in December 2021, was not timely filed within one year of the October 2019 decision.

The Board has granted the Veteran's request for a waiver of overpayment due to timely filing, but has remanded the issue of entitlement to the overpayment itself.

The Board has granted the Veteran's request to readjudicate their claim for service connection for weight gain disorder, but denied the claim as obesity is not a disability for which VA compensation benefits are payable.

The Veteran's application for PCAFC benefits was remanded due to incomplete file and the reason for denial being moot. The eligibility criteria is now met as he has a combined service-connected disability rating of 70% or more.

The Board has restored the Veteran's TDIU effective December 1, 2020, as the RO failed to provide proper notice and due process for discontinuing the TDIU.