Other conditions decisions — 2023

The Board has decided to remand the case due to incomplete records and potential eligibility under a different section of law. The Veteran's claim for payment or reimbursement of ambulance services will be reconsidered.

The Veteran withdrew their appeal regarding the extension of temporary total evaluation related to treatment for a service-connected disability.

The Veteran's claim for service connection for ALCL is granted, with the decision being based on the PACT Act presumption of exposure to herbicide agents. The appeal is granted as the evidence supports a finding that the Veteran has been exposed to herbicide agents during his service in Guam and has been diagnosed with ALCL.

The Board denied service connection for fallen arches in both right and left feet, concluding that the Veteran's preexisting pes planus did not worsen during his military service.

The Veteran's appeal has been dismissed due to their death. The case will be returned to the RO for determination of eligibility for substitution.

The Board has decided that notification of the decision was legally inadequate and there is a pre-decisional duty to assist error. The case is being remanded for further action.

The Board has remanded the case to submit it to the Director of Compensation Service for consideration of a TDIU on an extraschedular basis under 38 C.F.R. § 4.16(b) for the period prior to May 30, 2017.

The Board denied the Veteran's request for payment or reimbursement of expenses incurred on November 16 to 23, 2021, for medical services provided by MHS due to a lack of VA authorization. The decision is based on the fact that the non-VA services were not treatment for an emergency and were not authorized by VA.

The Veteran's son, R., is over the age of 23 and therefore not considered a dependent child for purposes of school attendance benefits. The claim for additional dependency benefits based on school attendance is denied.

The Board has remanded the case due to a dispute over the validity of the debt for $7,194.00 related to VA pension benefits. The Appellant's daughter informed VA about Medicaid in January 2020 and the Committee on Waivers and Compromises found fault with the Appellant.

The Veteran's overpayment of VA pension benefits was waived due to the fault of VA, as they failed to notify him that his former spouse remained on his award after her death. The Board found that recovery would cause undue financial hardship for the Veteran.

The Board has determined that there was a duty to assist error in the August 2021 VA examination and requires another medical opinion regarding whether the cervical strain is caused or aggravated by right, left knee disabilities, and low back disorder.

The Board has determined that the decision denying eligibility for PCAFC benefits is not supported by adequate reasoning and must be remanded to allow for a new evaluation based on updated evidence.

The Board has granted service connection for tremors as due to exposure to Agent Orange or other herbicide agents, finding that the Veteran's tremors are related to his presumed in-service exposure during his active duty in Vietnam.

The Board has granted service connection for colorectal cancer residuals and secondary service connection for chronic myelomonocytic leukemia on the basis of treatment for colorectal cancer. The decision resolves any doubt in favor of the Veteran.

The Board has dismissed the Veteran's appeal as the claims were administratively overturned and found to be authorized through the Community Care Network (CCN). The Veteran was informed to resubmit her claims to TriWest, the TPA.

The Veteran's claim for service connection for atherosclerotic cardiovascular disease was denied as he did not meet the eligibility requirements for the liberalizing law that went into effect on August 31, 2010.

The Board has denied initial disability ratings in excess of 10 percent for the service-connected right and left hip strains, rated as limitation of extension from June 26, 2019. The evidence does not show ankylosis, flail joint, or malunion of the femurs, which would allow for higher ratings under other relevant DCs.

The Veteran's claim of entitlement to compensation under 38 U.S.C. § 1151 for brain aneurism is granted, and the case is remanded for further adjudication.

The Veteran's appeal for medical reimbursement for non-VA treatment at Lovelace Westside Hospital is dismissed due to his death.