Other conditions Board decisions

The Board has remanded the case due to insufficient documentation regarding whether the Veteran's admission to Trinity Care Center was at VA expense for nursing home care, which is required for reimbursement of transportation expenses.

The appellant requested withdrawal of the issue on appeal due to the Veteran's death, and the Board dismissed the appeal as a result.

The Board found that the Appellant's discharge from service for misconduct (drug abuse) constitutes a bar to VA benefits, as he was not insane at the time of his offense and did not receive an upgrade in his character of discharge.

The Veteran's appeal for a total disability rating due to service-connected disabilities was dismissed because the Veteran died during the pendency of the appeal.

The Veteran's malignant growths manifesting in the genitourinary system are not service-connected, as there is no evidence of a disease or injury incurred during service and the claimant was not exposed to herbicide agents while stationed near the Korea DMZ. The Board found that the current condition is not related to service.

The Board has remanded the Veteran's claims for service connection due to pre-decisional duty to assist errors, including failure to provide opinions on whether his foot disabilities were aggravated by service or caused by other conditions.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during non-VA medical services on April 27, 2017 to April 30, 2017 is remanded due to the lack of relevant medical records. The AOJ needs to obtain and associate these documents with the claims file.

The Veteran's waiver request for overpayment of Dependents' Education Assistance (DEA) benefits was denied because the creation of the debt resulted from his failure to provide verification of his dependent's school enrollment, and recovery would not result in undue financial hardship.

The Board denied the Veteran's claim for an earlier effective date for his nonservice-connected and special monthly pension based on the need for aid and attendance, finding that he was not entitled to such a retroactive payment due to lack of evidence meeting the new eligibility criteria established by the Veterans Education and Benefits Expansion Act of 2001.

The Board has decided to remand the case due to outstanding medical records and requests for additional evidence from private practitioners.

The Veteran died in July 2018 and the appellant was granted a divorce from him. As they were divorced at the time of his death, she is not considered his surviving spouse for VA benefits.

The Board has granted service connection for the Veteran's cholangiocarcinoma, finding that it is related to his in-service exposure to liver fluke parasites.

The Veteran's appeal is remanded due to a duty to assist error regarding the calculation of his remaining Post-9/11 GI Bill benefits. The Board requests an accounting and audit for the period from August 20, 2018 to October 31, 2019.

The Veteran's appeal regarding the apportionment of their VA compensation benefits was dismissed because they did not file a timely Notice of Disagreement (NOD) within 60 days of receiving notification of the April 2019 decision.

The Board found that the Veteran's income was below the National Means Test due to medical expenses, and thus the change in his means test eligibility category from copay exempt to copay required for income year 2017 was improper. The appeal is granted.

The Board denied the Veteran's challenge to the creation and denial of his overpayment debt, finding that he failed to meet both prongs of the sole administrative error analysis. The overpayment was deemed properly created due to the Veteran's failure to notify VA of his receipt of DFAS drill pay.

The Board has remanded the claim for a VA examination to determine if the Veteran's skin disabilities, including xerosis and rashes, are related to service or exposure to herbicide agents.

The Board has remanded the issue of entitlement to a compensable rating for calluses on the left foot (claimed as a left foot ulcer) due to insufficient medical evidence addressing whether there are exposed areas affected by the condition.

The Board has decided to remand the case due to inadequate opinions regarding the etiology of the Veteran's rectal cancer and its relationship to service-connected conditions.

The Board has decided that the Veteran's claims for service connection for gout on a direct basis and hair loss are denied. The claim for service connection for gout as secondary to service-connected hypertension is remanded for further development.