Other conditions decisions — 2021

The Board has decided to remand the case due to insufficient development of evidence regarding the validity of an overpayment of education benefits under Chapter 1606 of Title 10 of the United States Code, Montgomery GI Bill for Selected Reserves (MGIB-SR), in the amount of $1402.20.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's service connection for inclusion body myositis. The AOJ is instructed to seek a medical opinion from a neurologist or rheumatologist to determine if his condition is related to his military service, including exposure to contaminated water and chemical weapons.

The Board has decided to remand the case due to insufficient notice of the basis for the denial and the need to provide complete notice as required by law.

The Board has determined that an earlier effective date for the grant of service connection for heart disability and chronic headaches is not warranted. The Veteran's claims are remanded to obtain additional medical opinions regarding the nature and etiology of his claimed conditions.

The Board has decided that the Appellant's military service does not entitle him to VA benefits due to a dishonorable discharge. The decision is remanded because there was an error in not considering evidence indicating the Appellant was honorably discharged.

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 Board has decided that it needs to obtain more information about the Appellant's discharge from active service, as there may have been a request for an upgrade. The decision is remanded to allow this.

The Veteran's medical expenses from September 13 and 14, 2018 were remanded due to the VA not having a copy of the decision being appealed or any notice provided to the appellant.

The Veteran's claims for increased ratings and earlier effective dates for arthritis of the fingers and thumbs are being remanded due to insufficient examination reports, confusion regarding claim development, and need for a medical opinion on when the arthritis manifested.

The Veteran's claims for increased ratings and earlier effective dates for arthritis of the fingers and thumbs are being remanded due to insufficient examination reports, confusion regarding claim development, and need for a medical opinion on when the arthritis manifested.

The Veteran's claim for an earlier effective date for adding his spouse D.B. as a dependent spouse was denied because he did not report the marriage until March 2020, which is within one year of the marriage.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disability (TDIU) is being remanded because the Social Security Administration records were not obtained as instructed in previous Board decisions.

The Board has decided that a TDIU is granted, but the service connection for myofascial pain syndrome remains pending and needs to be remanded.

The Veteran's SMC based on aid and attendance was granted effective March 10, 2020, as the evidence showed an increase in disability since that date.

The Veteran's appeal for compensation under 38 U.S.C. § 1151 for a left eye disorder has been dismissed due to an error in the procedural history, and VBA is correcting this by issuing an HLR decision.

The Board has decided to remand the case due to a duty to assist error, requiring a VA examination to determine if amyloidosis is related to service.

The Veteran's lung squamous cell carcinoma is being remanded due to the lack of a proper examination for rating purposes.

The Board has remanded the cases for further development, including obtaining Social Security Administration records and scheduling a VA examination to determine the nature and etiology of the Veteran's spinal cord injury. The issues of increased ratings for right foot fracture and hallux valgus, as well as special monthly compensation based on aid and attendance/housebound, are also remanded.

The Board dismissed the appeal because the Appellant lacks standing to challenge an incompetency determination made by the Department of Veterans Affairs, as only beneficiaries can contest such determinations.

The Veteran's appeal was remanded for further examination and analysis regarding his service connection claim for sleep apnea, as well as increased rating claims for hammer toe deformities of the right foot and left foot, and crush injury of the left third toe with ecchymosis and hammertoe deformity. The decision on these issues is pending.