Other conditions decisions — 2021

The Veteran is appealing the denial of payment for medical services provided on February 20, 2020. The Board has jurisdiction to address eligibility for payment or reimbursement but not for referral to a community care network or processing invoiced claims by third-party administrators.

The Veteran's claim for service connection for a recurrent depressive disability and specific phobia was granted. The claim for service connection for basal cell carcinoma is remanded due to the need for additional medical examination.

The Veteran's liver cancer was granted service connection based on exposure to contaminated water at Camp LeJeune. However, the Veteran did not have a total disability rating for eight years prior to his death, thus denying the claim for enhanced DIC under 38 U.S.C. § 1311(a)(2).

The Veteran's surviving parent (E. E.) is not eligible to substitute for the deceased Veteran in continuing the appeal for service connection for aortic aneurism due to another pending claim at the time of the Veteran's death.

The Board has decided to remand the case due to procedural issues and incomplete record, including an unavailable 'waiver request package' that may affect the validity of the debt. The appellant's appeal is not ripe for readjudication until these issues are resolved.

The Board has decided to remand the case due to procedural issues and incomplete record, including an unavailable 'waiver request package'. The validity of the debt will be adjudicated as a preliminary matter.

The Veteran's cause of death, malignant neoplasm of esophagus, is not related to service and therefore service connection for the cause of death is denied.

The Veteran's claims for increased rating and effective date, as well as his TDIU claim, are being remanded due to procedural issues related to the submission of medical records.

The Veteran's disability rating for service-connected headaches was restored from 30% to 50%, effective February 5, 2020. The reduction in the rating was found to be improper due to procedural violations and lack of evidence showing actual improvement in the Veteran's ability to function under ordinary conditions.

The Veteran's claim for waiver of overpayment was denied as the creation of the debt was valid and there was no indication of fraud, misrepresentation or bad faith on his part. The Board found that recovery would not be against equity and good conscience.

The Veteran's stroke was not incurred in service and is not etiologically related to active service.,The Veteran's chronic motor/sensory problems are secondary to the non-service-connected stroke.

The Board has decided to remand the case due to insufficient evidence regarding whether Prednisone use at the time of the November 2012 surgical procedure was related to the September 2011 Remicade infiltration event and if so, whether it was caused by negligence or lack of care from VA.

The Board has denied the Veteran's claim for service connection for PLS, finding that there is no evidence of a nexus between his current diagnosis and service or herbicide agent exposure.

The Board has remanded the case due to an inadequate medical opinion regarding the relationship between the Veteran's left thumb disability and service. The matter is being returned for further evaluation.

The Veteran's left peroneal tendinosis with subluxating peroneal tendon is granted a rating of 30 percent, effective from November 21, 2017. The extension of a temporary total evaluation for the service-connected left ankle condition requiring convalescence until November 7, 2014 is also granted.

The Board denied service connection for gastric cancer and the cause of death due to gastric cancer, finding that there was no evidence linking the Veteran's condition to his military service or any service-connected disabilities.

The Board denied the appellant's claims for VA death benefits and accrued benefits due to a lack of qualifying service in the Philippine Commonwealth Army, including recognized guerrillas. The appellant's father had no verified service record.

The Board has granted the Veteran's claim for service connection for his left hip disability, finding that it is secondary to his service-connected left ankle disability.

The Board denied the Veteran's claim for an initial compensable disability rating for residuals of right lung surgery, finding that there was no evidence to support a higher rating based on current pulmonary function test results.

The Board has remanded the case due to inadequate examination for determining the severity of service-connected left thumb limitation of motion. The Veteran needs an adequate VA examination that includes all required findings and testing as per Correia v. McDonald (2016).