Other conditions Board decisions

The Veteran's claim for an earlier effective date for service connection of residuals of bilateral feet cold injury was denied. The Board found that the claims were not perfected as of July 6, 2012.,SMC based on need for aid and attendance is granted.

The appeal regarding special monthly compensation (SMC) based on the need for regular aid and attendance or housebound status is dismissed due to the Veteran's death.

The Veteran's claims for Dependents' Educational Assistance (DEA) benefits and Total Disability Rating based on Individual Unemployability (TDIU) prior to April 8, 2021 were denied as there is no legal basis to assign an earlier effective date.

The Board granted effective dates of October 1, 2012 for the award of service connection for cause of death and dependency and indemnity compensation. The decision was based on new evidence received after a previous denial.

The Veteran withdrew his appeal regarding special monthly compensation based on the need for aid and attendance. The Board dismissed the appeal as a result.

The Veteran's death was caused by Merkel cell carcinoma, which the Board found to be due to his in-service exposure to Agent Orange.,As a result of granting service connection for cause of death, the DIC benefits claim is moot and dismissed.

The Veteran's punctured esophagus is being remanded for a VA medical opinion to determine if it was caused by carelessness, negligence, or lack of proper skill on the part of VA during his November 2012 endoscopy surgery. The TDIU claim is also being remanded due to its inextricability with the 1151 claim.

The Board denied the Veteran's appeal as VA was required to recoup $11,171.04 of separation pay from his disability compensation.

The Board granted a special apportionment of 20 percent of the Veteran's VA disability compensation benefits to the Appellant, who was not residing with her spouse and presented evidence of financial hardship.

The Veteran's income exceeds the maximum annual pension rate (MAPR) for aid and attendance, thus denying his claim for special monthly pension.

The Veteran's former spouse, P.A.B., is contesting the award of an apportionment of his VA compensation benefits to her on behalf of their children. The Board has decided that a remand is necessary to correct an error in satisfying regulatory or statutory duties.

The Veteran's attorney was awarded additional fees based on past-due benefits from the August 2021 rating decision for representing him in his TDIU claim.

The Board denied an earlier effective date for a TDIU and DEA eligibility due to the lack of evidence showing unemployability prior to August 24, 2009.

The Board dismissed the appeal for higher level of special monthly compensation (SMC) based on the need for regular aid and attendance at a higher level of care as the appellant requested withdrawal.

The Board has decided that the AOJ committed a pre-decisional error in granting an apportionment of the Veteran's VA benefits to the claimant on behalf of K.J. and has ordered remand for further action.

The Board denied service connection for right patellofemoral pain syndrome, finding that the Veteran's current condition is not related to his military service.

The Veteran withdrew his appeal regarding the service connection for a head injury with loss of consciousness at a Board hearing.

The Veteran's income exceeds the maximum annual pension rate (MAPR) for aid and attendance, thus denying his claim for special monthly pension.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the inability to obtain legible copies of supporting evidence from his physical therapist.

The appeal regarding the waiver of overpayment of VA compensation benefits is dismissed due to the Veteran's death.