Other conditions Board decisions

The Veteran's disability rating for hypogonadism with testicular abnormality was reduced from 20 percent to noncompensable effective October 1, 2019. The claim for restoration of the 20 percent rating is granted.

The Veteran's claim for service connection for aggravation of nose condition to include deviated nasal septum, operated, now claimed as nose surgery, residuals from broken nose is granted. The Board found new and relevant evidence since the prior denial, including information about an altercation in basic training that led to injury.

The Veteran withdrew her appeal for a total disability rating based on individual unemployability (TDIU) prior to the Board's decision.

The Board has remanded the claim of radiculopathy and is denying a rating in excess of 30 percent for the left femur disability due to lack of evidence showing hip ankylosis, thigh flexion limited to 10 degrees or less, a hip flail joint, femur nonunion, a false joint, knee ankylosis, or leg extension limited to 30 degrees or more.

The Veteran seeks eligibility for VA home loan guaranty benefits. The claim is remanded due to missing procedural documents and incomplete file.

The Board denied an earlier effective date for the award of survivor's pension benefits with aid and attendance, finding that the appellant did not receive a formal or informal claim within one year of her admission to a skilled nursing facility. The Board also noted that she was unaware of the existence of survivor's pension benefits until October 2021.

The appeal is dismissed because the VA has already approved payment of medical expenses for June 15, 2019.

The Veteran's annual income exceeds the maximum annual pension rate, so he is not eligible for VA pension benefits.

The Veteran's daughter, who is over the age of 23 and capable of self-support, is not eligible for accrued benefits as she does not meet the criteria for a surviving child. The Appellant was only entitled to the amount paid for expenses of burial and last sickness.

The Veteran's child, D.H., is recognized as his dependent for VA purposes due to her permanent incapacity for self-support prior to reaching age 18.

The Board denied a compensable rating for the Veteran's limitation of flexion in his left hip, finding that the evidence did not show more than the current 10% rating already assigned.

The Veteran's appeal for esophageal cancer was dismissed due to their death, and the Board has no jurisdiction to proceed.

The Veteran's surviving spouse (the appellant's mother) died in November 2019, and the deceased beneficiary had been found to be not competent for disbursement of VA benefits. The appellant requested reimbursement of funeral expenses and accrued benefits totaling $30,702.00, but this request was denied as she does not qualify as a child under VA regulations.

The Board denied payment of non-VA medical expenses incurred from January 1, 2020, to February 11, 2020, as there was no VA authorization for the services provided.

The Board has determined that additional development is necessary before the claim on appeal may be adjudicated. The Veteran's Attorney and Appellant have consistently argued that the debt is not valid, as the Veteran's medical expenses have exceeded his income during his lifetime. Despite this dispute, no formal finding has been issued regarding the validity of the debt. As a result, the Board finds pre-decisional duty to assist errors have taken place and remands for recalculation of pension benefit and issuance of a formal finding on the validity of the overpayment.

The Veteran's initial rating for his adjustment disorder with depressed mood associated with cerebrovascular accident is denied as the symptoms do not meet the criteria for a higher rating.

The Board denied the Veteran's claim for service connection for mental problems, other than an acquired psychiatric disorder, including Alzheimer's disease. The evidence did not support a finding that these conditions were caused by or incurred in service.

The Veteran's left hip extension disability was initially rated at 10% prior to May 22, 2019 and decreased to noncompensable thereafter. His left hip flexion disability was also initially rated at 10% after April 10, 2019. Both disabilities were denied as the evidence did not support higher ratings.

The Veteran's appeal for service connection for thrombosis, transient ischemic attacks, and cerebral infarction (claimed as stroke) is dismissed due to the death of the Veteran.

The Board has dismissed the appeal for payment or reimbursement of non-VA medical services provided by the appellant on August 4, 2020, as the benefit sought has been granted in full.