Other conditions decisions — 2021

The Veteran's claim for payment of expenses for non-VA medical treatment from June 1, 2020 to June 3, 2020 has been approved and is dismissed as moot.

The Board has decided to remand the case due to a failure of VA's duty to notify and assist in creating an overpayment debt. The Appellant must be notified of the reasons for the creation of the debt, her rights to request a waiver or appeal, and any additional evidence needed.

The Board has decided to remand the case due to a failure of VA's duty to notify and assist the Appellant in her claim for overpayment of VA pension benefits. The issues are whether the overpayment was properly created and if a waiver is needed.

The Veteran's disability rating for chronic right elbow strain based on supination and pronation has been restored to 20 percent effective June 1, 2020. The issues of entitlement to increased ratings for right elbow extension and flexion remain under review.

The Veteran's overpayment debt was created due to continued receipt of benefits after her divorce, and the AOJ failed to provide sufficient notice regarding the reasons for the debt. The decision is remanded to correct this pre-decisional duty to assist error.

The AOJ rejected the Veteran's request for a Higher-Level Review of their decision on reimbursement for non-VA ambulance services. The matter is being remanded to issue a new rating decision.

The Board has determined that the reduction of the disability rating for heart valve replacement surgery from 100 percent to 60 percent was not proper and is void ab initio, as there is no evidence of improvement in the Veteran's condition.

The Veteran's non-VA medical care on November 8, 2019 was not authorized by VA and did not meet the criteria for emergency treatment. Therefore, payment or reimbursement is denied.

The Board has decided to remand the case due to outstanding treatment records, specifically from St. Michael's Hospital in Texarkana, Texas.

The Board has denied service connection for a neurological disability of the right upper extremity as there is no current evidence showing such condition.

The Board has determined that a remand is necessary to obtain an opinion regarding the etiology of the Veteran's diverticulitis and right knee disability, as well as new VA examinations for both conditions.

The Board has determined that further development is necessary to determine if the Veteran qualifies for VR&E self-employment services, as his stated vocational goal of self-employment may be feasible under a VR&E program and is the only option for employment.

The Veteran's appeal for financial assistance for automobile or other conveyance and adaptive equipment was dismissed due to the death of the appellant.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed residuals of a left pneumothorax, including whether these residuals are related to active service.

The appeals for service connection for the cause of the Veteran's death and Dependency and Indemnity Compensation under 38 U.S.C. § 1318 have been dismissed due to the appellant's death.

The Veteran's initial claim for a higher rating for thoracic spine strain has been granted, with an effective date of June 18, 2016. The Board found that the Veteran's condition warranted a 40 percent disability rating due to frequent flare-ups causing increased pain and limiting function.

The Veteran's chronic constipation was granted a 30 percent rating from December 24, 2014 to September 23, 2019.,For the period prior to April 28, 2015, stress incontinence was denied any increase in disability rating.,From April 28, 2015 to September 23, 2019, a 60 percent rating for stress incontinence was granted.

The Board denied the Veteran's claim for service connection for dermatomyositis, finding that there was no evidence linking his condition to his military service or exposure to anthrax vaccine. The Board concluded that the Veteran's dermatomyositis did not manifest during service and is not shown to be causally related to an in-service event.

The Board has remanded the case due to inadequacies in the May 2020 VA examination, including improper medical qualification and insufficient rationales for opinions.

The Board has remanded the case due to insufficient information regarding the Veteran's employment history from May 2016 to October 31, 2019. The Veteran is asked to complete a VA Form 21-8940 to update his employment status.