Other conditions decisions — 2021

Your appeal has been dismissed because the medical costs have already been paid in full by VA.

The Veteran's emergency medical treatment for a laceration sustained while using a circular saw at home was timely submitted and authorized by VA, resulting in payment of the costs associated with the treatment.

The Board has dismissed the Veteran's appeal because his daughter, S., was already granted additional compensation as a dependent school child. The issue is moot since the benefit sought on appeal has been granted.

The Board found that the Veteran's bad conduct discharge was not a bar to VA benefits due to compelling circumstances warranting his prolonged absence without official leave (AWOL). The appeal is granted as it relates to basic eligibility for status as a veteran and entitlement to VA benefits.

The appellant's claim for accrued benefits based on paying B.S.'s burial expenses was denied because the evidence showed that B.S. herself paid the funeral costs, not the appellant.

The appeal concerning the cost of non-VA medical services provided on November 16, 2020, has been resolved by administrative action and is dismissed.

The Board has decided to remand the case due to an error in the VA medical opinion regarding whether there was carelessness, negligence, or lack of proper skill in performing the lumbar spine surgery. The Veteran is seeking compensation under 38 U.S.C. § 1151 for numbness of the left lower extremity following this surgery.

The Board granted the Veteran's request to recognize his mother, D.M.C., as a dependent parent due to her reasonable maintenance needs.

The Veteran died from squamous cell carcinoma and non-Hodgkin's Lymphoma at a non-VA nursing home facility. The appellant filed for nonservice-connected burial benefits, but the claim was denied as none of the criteria for payment of such benefits were met.

The Veteran's lymphoma and lung condition are denied as not related to service, specifically exposure at Camp Lejeune.,There is no evidence of a lung condition during or within one year after service. The residuals of the head injury are also denied.

The Veteran's initial claim for a higher rating for her left foot disability was denied. The Board found that the evidence supported a 30% evaluation from the date of service connection, October 5, 2009.

The Veteran's death was caused by non-Hodgkin's lymphoma, which the Board found to be related to his service exposure to weapons cleaning solvents. The claim for service connection for the cause of death is granted.

The Board is remanding the case to consider earlier effective dates for pension benefits, as there are unadjudicated claims from 1988 and 1989.

The Board denied service connection for lateral epicondylitis and cubital tunnel syndrome, finding that the evidence did not support a finding of onset in service or causation to a service-connected disability. The Veteran's claims for temporary total evaluations based on convalescence were also denied as he had not established service connection.

The Board dismissed the appeal as there was no adverse action to review regarding the overpayment of educational assistance benefits, and the Veteran is not liable for repayment.

The Board denied the Veteran's claim for service connection for neurological conditions, including tremors in hands and restless legs. The decision found that there was insufficient evidence to support a diagnosis of Parkinsonism or TBI, and concluded that the Veteran's symptoms were not related to his service-connected PTSD.

The Board has remanded the case due to inadequate medical opinions regarding direct and secondary service connection for a right upper extremity nerve condition. The Veteran's claim is being returned for further development.

The Veteran's TDIU claim from November 16, 2009 to June 1, 2015 is dismissed as moot because he was already rated at 100% for his service-connected disabilities.

The Board has decided to remand the case for a paid and due audit of severance pay, retirement pay, and VA compensation pay. The AOJ must explain what money has been recouped including any additional amounts beyond $4,274.03.

The Veteran's appeal was dismissed because he died during the pendency of his appeal. The Board has no jurisdiction to adjudicate the merits of this case.