Other conditions Board decisions

The Board denied the appellant's request for an effective date prior to October 1, 2019, for the grant of an apportionment of the Veteran's VA compensation benefits. The decision states that the earliest effective date permitted by law is the first day of the month following the month in which the appellant's claim was received (September 20, 2019), and this is October 1, 2019.

The appeal is dismissed as the claim for payment of non-VA medical laboratory services provided on August 27, 2020 has been resolved by administrative action.

The Board found that the appellant's discharge from military service was due to willful and persistent misconduct, which constitutes a bar to VA benefits.

The Board has determined that the December 2020 decision denying eligibility for benefits under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) is legally inadequate and requires remand. The Veteran was not provided adequate notice regarding what evidence or argument could support an appeal, and a new medical determination considering all medical information of record is needed to correct the pre-decisional duty to assist error.

The Board has determined that the decision regarding personal care services eligibility is legally inadequate and requires a more detailed medical opinion.

The Veteran's child, C.S., is recognized as a dependent for the period from August 24, 2020 to May 1, 2024 due to her enrollment in an approved educational institution.

The Board denied service connection for peripheral vascular disease of the left lower extremity, right lower extremity, left upper extremity, and right upper extremity.,The Veteran's hypertension was rated at 10 percent initially but increased to 100 percent effective January 29, 2023. The TDIU claim is dismissed as moot from that date.

The Veteran's service connection claim for myasthenia gravis is being remanded due to the need for a VA examiner to provide an addendum opinion regarding the etiology of his condition, including consideration of all potential toxic exposure risk activities (TERAs).

The Veteran's appeal was not timely filed as his VA Form 9 was received more than one year after the issuance of the April 2020 Statement of the Case and more than 60 days after the SOC. The Board found that he did not request an extension or equitable tolling, nor provide any evidence to rebut the presumption of regularity.

The appeal for PCAFC benefits is denied due to the Veteran's death, making it impossible to complete the application requirements.

The Veteran's appeals for an earlier effective date, extension of temporary total rating, and SMC based on housebound criteria were dismissed as the appeal was improperly docketed under the AMA.

The Board dismissed the appeal for an effective date prior to January 28, 2020, for the award of basic eligibility to Dependents' Educational Assistance benefits under 38 U.S.C. Chapter 35 due to a procedural defect.

The Veteran's claim for nonservice-connected pension benefits was denied because she did not have qualifying wartime service, and thus does not meet the criteria for basic eligibility.

The Veteran's claims for an earlier effective date and a higher level of special monthly compensation (SMC) are being remanded due to the failure to obtain relevant private medical records.

The Veteran's claim for educational assistance benefits under Chapter 33 for an on-the-job training program with MEP prior to January 9, 2019 is denied as the earliest date allowed for the commencement of benefits in his case is January 9, 2019.

The Board has granted service connection for cholangiocarcinoma, finding it at least as likely as not related to in-service exposure to herbicide agents (Agent Orange).

The Veteran's facial palsy is considered a qualifying additional disability that was not reasonably foreseeable as a result of VA surgery and treatment, thus meeting the criteria for compensation under 38 U.S.C. § 1151.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for right hip arthritis, limitation of flexion; a separate rating for right hip arthritis, limitation of extension prior to September 17, 2015, and an initial compensable rating thereafter; and a separate rating for right hip arthritis, limitation of abduction, prior to September 17, 2015, and an initial compensable rating thereafter. The issue of entitlement to total disability due to individual unemployability (TDIU) prior to May 21, 2014 is also remanded.

The Veteran's marriage to the appellant was considered valid for purposes of VA dependency and indemnity compensation benefits because it occurred within one year before his death, despite being less than a year after the termination of the previous marriage.

The Board has remanded the claims for service connection and TDIU due to a duty to assist error, requiring an examination to determine if any bone disability is related to service or service-connected conditions.