Other conditions decisions — 2023

The Veteran's claim for reimbursement or payment of non-VA medical services at Apple Valley Care Center from September 19, 2019 to November 23, 2019 is being remanded due to the lack of proper documentation and attempts to obtain missing records.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for esophageal cancer was denied, and the appeal is dismissed due to the Veteran's death.

The Veteran seeks payment or reimbursement for the cost of non-VA emergency treatment provided by Emanuel Medical Center on August 3, 2022. The AOJ denied his claim due to a lack of relevant documents and unclear billing information.

The Board has decided to remand the case due to a duty to assist error, specifically regarding the need for a VA examination to determine if the Veteran's anemia is indicative of hairy cell and/or chronic b-cell leukemia.

The appeal was dismissed due to the appellant's death, and no final decision can be made.

The Veteran's TMJ dysfunction is granted a 40 percent rating effective from August 16, 2022. The issues of increased ratings for IBS and TDIU are remanded.

The Veteran's right shoulder disability, including scars and tendon tears, is currently rated at 40 percent. The Board has remanded the case for further development due to issues with rating criteria application.

The Board has granted service connection for chronic lymphedema, finding that the Veteran's condition is secondary to filariasis due to an inservice mosquito bite. Service connection for a separate skin disorder was denied as there is no evidence of current or active skin issues during the appeal period.

The Veteran's service-connected left TMJ disorder is rated at a 10 percent disability rating, effective from the date of the decision.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's bladder condition is secondary to his service-connected back disability. The Veteran contends that his bladder issues are related to his spine surgery and multiple medications.

The Veteran's service-connected bilateral conjunctivitis is rated at 10 percent, and the Board finds no basis for a higher rating based on visual acuity or other residuals.

The Board has reopened the claims of service connection for right and left foot disorders due to new and material evidence. However, the claims are remanded as additional examination is necessary to determine if any current foot disorder is related to service.

The Board denied the appellant's claim for basic eligibility to receive a transfer of VA education benefits under the Post-9/11 GI Bill due to lack of qualifying active-duty service after September 10, 2001.

The Board has decided to remand the case due to inadequate VA examinations and the need for additional medical records. The Veteran's squamous cell cancer of the tongue is being reviewed again with a new examination to determine if it was caused by or related to his military service, specifically exposure to contaminated water at Camp Lejeune.

The Board has granted service connection for bilateral hallux valgus and left foot calcaneal spur, finding that these conditions are related to the Veteran's military service.

The Board has remanded the case for further development, including consideration of new evidence received since the last SSOC and issuance of a Supplemental Statement of the Case.

The Board has previously remanded the matter to obtain updated information from the Veteran regarding his income, net worth, and employment. However, all of the development required by the previous remand was sent to an incorrect address. The case is being remanded again to ensure that the correct address is used for future correspondence.

The Board denied the Veteran's claim for service connection for a chronic bilateral ear disorder, to include cerumen impaction, finding that there is no evidence of a current disability due to or incurred in service.

The Board has determined that the VA did not substantially comply with its prior remand directives and has ordered further development to determine what, if any, expenses for medical treatment on November 24, 2012 at Pagosa Springs Medical Center were paid by Medicare or other non-VA health-plan contract, and the remaining amount reimbursable by VA.

The Veteran's death benefits application for his child, M.K., was denied as the evidence did not establish that he is eligible for recognition as a dependent child.