Other conditions Board decisions

The Veteran's claim for payment of non-VA medical expenses incurred on June 6, 2017 was denied because the treatment was not pre-authorized and was not emergent. The AOJ is instructed to obtain necessary documentation from the provider to determine what payor was billed and whether any correction in billing was made.

The Veteran's claim for service connection for shortness of breath is being remanded due to a duty to assist error. The AOJ should clarify if the Veteran has a current respiratory disability and determine its relationship to her active duty service.

The Board dismissed the appeal for payment of medical services provided by the appellant to the Veteran on September 9, 2019, and September 16, 2019, as there was no case in controversy due to the payment being considered full.

The Board has granted an earlier effective date of October 29, 2012 for the award of DIC benefits due to a timely informal claim filed by the appellant's attorney on that date.

The Veteran's VA disability compensation benefits were reduced to recoup military drill pay for 40 days in FY 2017, which was not legally permissible due to concurrent receipt of active service pay. The appeal is denied.

The Board has granted the veteran's surviving spouse special monthly pension (SMP) for a need of regular aid and attendance, as her medical conditions have rendered her in need of such assistance.

The Veteran's request for a waiver of overpayment was timely filed, and the appeal is granted.

The Board has decided to remand the case due to incomplete records and procedural issues related to the overpayment of housing allowance. The Veteran's challenges include whether the overpayment was created properly, and what its correct amount should be.

The Board has denied the Veteran's claims for service connection for right and left foot conditions, finding that there is no evidence of in-service injury or disease related to these conditions.

The Veteran is granted payment of non-service-connected disability pension with special monthly pension based on the need for aid and attendance as of January 1, 2020.

The Board denied DIC benefits as the surviving spouse because the Appellant was divorced from the Veteran in 1972 and did not remarry him, thus preventing her from being considered his surviving spouse.

The Veteran's service connection claim for congestive heart failure, pericardial effusion, and atrial fibrillation is granted due to exposure to herbicide agents during his service in the Republic of Vietnam.

The Veteran's residuals of non-gonococcal urethritis resulted in urinary frequency with daytime voiding intervals between one and two hours and awakening to void three to four times per night. The VA examiner found that the disability did not meet or more nearly approximate the criteria for a higher rating, thus denying the claim for a rating in excess of 20 percent.

The Board has remanded the case due to a need for an addendum opinion regarding whether the Veteran's sinus condition is aggravated by his service-connected PTSD with cocaine abuse.

The Veteran's claim for special monthly pension (SMP) based on the need for aid and attendance was denied due to lack of supporting evidence. The Board has identified a pre-decisional duty to assist error, requiring remand to properly calculate the Veteran’s income and expenses.

The Veteran's appeal for earlier effective date and increased rating for insomnia was denied. The Board found no evidence of an informal claim prior to September 25, 2019, the date VA received his intent to file a claim.

The Veteran's surviving spouse died in September 2015, and the appellant was appointed as her fiduciary. The appellant received $900 for burial expenses but is not entitled to additional accrued benefits due to her status as an adult child who has been self-supporting.

The Veteran's VR&E subsistence allowance is granted at the post-9/11 rate, as he elected this option and had sufficient entitlement to Chapter 33 Post-9/11 benefits.

The Veteran died from pneumonia with an underlying cause of cerebrovascular accident. The Board found no evidence linking these conditions to service.,There is no established service connection for the cause of death, as there is no evidence that either condition was incurred or aggravated by service.

The Veteran's request to waive his home loan debt was timely, and the issue is now considered on its merits.