Other conditions decisions — 2021

The Board has remanded the claims for payment or reimbursement of medical services provided by the appellant on December 5, 2019, December 11, 2019, February 12, 2020, and February 26, 2020. The decisions related to these dates are missing from the claims file.

The Veteran's right thigh gunshot wound residuals are now rated at 30 percent for Muscle Group XIII and Muscle Group XIV, resolving all issues on appeal.

The appeal of the issue regarding clear and unmistakable error in the November 2018 rating decision is dismissed as a matter of law.

The Board has decided that the Veteran's claim for payment of non-VA medical services provided on July 20, 2020 is not properly addressed by the AOJ decision and requires further action.

The Board has determined that the appellant does not meet the criteria for benefits under 38 U.S.C. § 1805 and 38 C.F.R. § 3.814 for a child born with spina bifida due to his mother's service in Vietnam, as he is not the child of a biological mother who served in Vietnam.

The Board denied the reduction of pension benefits based on updated income information provided by the Social Security Administration (SSA) as it was proper and the appellant's claim is not supported.

The claim for payment or reimbursement of emergency medical expenses incurred at Southern Regional Medical Center on March 6, 2020 has been approved in part. The appellant must resubmit the claim with a corrected modifier for one line item that was not paid due to a billing issue.

The claim for payment or reimbursement of emergency medical expenses incurred at Southern Regional Medical Center on March 6, 2020 has been dismissed due to a billing issue. The episode of care was approved but requires the appellant to resubmit the claim with corrected modifier.

The Veteran's claim for a compensable rating for herpes from January 12, 2020, to March 30, 2020, is denied as the evidence does not show that his condition meets or approximates the criteria for a compensable disability rating under the General Rating Formula for the Skin.

The Veteran's claim for an earlier effective date for the increased rating of 100 percent for schizoaffective disorder and eligibility to Dependents' Educational Assistance (DEA) benefits is denied. The earliest date supported by the record that an increase in disability occurred was July 19, 2019.

The claim for payment of home health aide services provided by A Place Called Home on January 25, 27, and 30, 2017 has been administratively reversed and approved. The appeal is dismissed as the requested benefits have been granted.

The Board denied the Veteran's appeal, finding that the overpayment of VA compensation benefits was properly created due to his failure to notify VA of his divorce and subsequent marriage within one year as required by law.

The Board has decided to remand the Veteran's claims for compensation under 38 U.S.C. § 1151 due to inadequate medical opinions and duty-to-assist errors.

The Board has dismissed the appeal as there is no case or controversy with respect to the matter of entitlement to payment of medical expenses for the Veteran's care at Cameron Regional Medical Center on April 3, 2019 over which the Board may exercise jurisdiction.

The Board has dismissed the appeal as the claim for payment of non-VA medical treatment by Vanderbilt University Medical Center from October 4, 2019 to October 10, 2019 is moot because the VA Office of Community Care Appeals Section has granted payment.

The Board has remanded the case for further development, including a new opinion on whether the Veteran's schizoaffective disorder is related to service and/or his service-connected back disability.

The Board has remanded the case due to insufficient information regarding the Veteran's exposure to herbicide agents and a need for a medical opinion on whether his cause of death is related to his service.

The Board has granted earlier effective dates of June [REDACTED], 2011 for the addition of M. as a dependent spouse, H.P., S.P., and L.P. as dependent children to the Veteran's award.

The Veteran's coronary arteriosclerosis and myocardial infarction have been rated at 10 percent since the period prior to November 6, 2018. The Board found that there was no evidence of a higher rating due to cardiac disability during this period.

The Veteran's debt was created due to an overpayment of $3,578 for the period from July 1, 2013, through November 30, 2013. The debt has since been recouped through a retroactive payment of CRDP compensation.