Other conditions decisions — 2023

The Board dismissed the appeal because it was improperly docketed as an AMA appeal, as the issue was already pending in the Legacy system.

The Board dismissed the claim for payment or reimbursement of medical services provided by Aegis Sciences Corporation on January 10, 2020, as it was authorized through the Veterans TriWest Program and has already been granted.

The Veteran's right elbow epicondylitis and arthritis have been granted service connection, with a rating of 40 percent effective May 20, 2019. The other issues remain pending for further review.

The Veteran's appeal for travel expenses reimbursement was dismissed because the notice of disagreement did not specify which specific determination he disagreed with.

The Board has reopened the claim of entitlement to service connection for a left foot disorder due to new evidence received after the July 2018 final decision. However, the claim is denied as there is no persuasive evidence that the current condition began during active service or is related to an in-service injury.

The reduction of the disability rating for chronic lymphocytic leukemia (CLL) from 100 percent to noncompensable, effective October 1, 2021, was not proper. The 100 percent rating is restored.

The Board dismissed the appeal because the issue of whether the Veteran's waiver request was timely has been resolved in a previous decision, and no case or controversy remains.

The Veteran's eye conditions, including bilateral nuclear sclerosis, pinguecula right eye, and bilateral blepharitis, are remanded due to a duty to assist error. The VA will need to provide an updated medical opinion regarding the cause of these conditions.

The Board dismissed the appeal because it does not have jurisdiction to review whether non-VA medical services provided on January 10, 2020 should have been authorized under the Veterans Community Care Program (VCCP).

The Board has decided that the Veteran and his caregiver are not eligible for PCAFC benefits due to a lack of evidence showing ongoing care from a primary care team or need for supervision. The decision is being remanded to gather necessary information and provide proper notice.

The Board has determined that the Veteran's urinary disorder is not caused or aggravated by his service-connected obstructive sleep apnea, and therefore, denied the claim for service connection.

The Veteran's claim for a TDIU is moot because he was already receiving special monthly compensation (SMC) based on his single service-connected disability rated at 100 percent, which met the criteria for SMC.

The Veteran's service-connected eye disability alone has been granted TDIU and SMC at the housebound rate, and he is eligible for DEA.

The Board has remanded the case due to a lack of information regarding the appellant's income and unreimbursed medical expenses. The appellant is required to provide this information for each annualization period.

The Veteran's service is not considered to be during a period of war, thus he does not meet the requirements for a nonservice-connected pension.

The Veteran's claims for additional dependency benefits for her children after they turned 18 years old were denied as the applications were not filed within one year of their respective 18th birthdays or commencement dates of their courses of study.

The Veteran's service-connected status-post injury to the left great toe with degenerative changes in the hallux interphalangeal joint is rated at 20 percent, effective from June 18, 2018.

The Board denied the Veteran's claims for service connection for a skin condition and entitlement to TDIU. The Board found that there was not sufficient evidence of a current skin condition related to service, and also determined that the Veteran is not unable to secure or follow a substantially gainful occupation due solely to his service-connected disabilities.

The Board has remanded the case due to new evidence and a need for clarification on the relationship between the Veteran's service, lung nodules, and his cause of death.

The Board has remanded the case due to the Veteran's failure to appear for a scheduled hearing and because of his incarceration. The TDIU claim is still pending.